If a motorist accumulates 6 penalty points within the first two years of driving, then their driving licence will be revoked by the DVLA under the New Driver Act. The motorist would then have to re-apply for their provisional driving licence and take both parts of their driving test, the theory and practical tests again. With the current delays that many learner drivers are experiencing just to be given a test date, this could spell up to three months off the road. The only way to prevent this from happening is to request a short-term ban in Court as punishment for the offence itself rather than penalty points.
Our latest new driver client was facing this same problem. He was charged with two separate offences and was going to accrue more than 6 penalty points on his driving licence. Having to re-take his practical and theory tests again would have had significant ramifications, including preventing him from being able to take up a crucial career opportunity.
That’s where we came in; we took very detailed evidence from him and began to build our case. Once we could see the basis for a strong argument in Court, we advised our client on the best evidence to support our case.
When the morning of Court came, we had built a strong case and were ready to fight our client’s corner.
A preliminary discussion with the Prosecutor led to one of the charges against our client being dropped due to the defence evidence that had been gained in connection with the charge. This left only one matter for the Court to determine. Following a guilty plea, we made out our client’s case, and emphasised the disastrous consequences that the revocation of his driving licence would have.
We requested a short term disqualification as punishment for the offence itself.
After retiring to consider their verdict, the Magistrates returned to grant our request of a short-term disqualification from driving of just 14 days, and a fine of only £250 – avoiding the maximum fine of £5000.00. Our client was delighted with the result.
When asked what he liked the best about our business, he said:
“You explained everything very well, told me what I needed to do for Court, and supported me through it”.
He made the following comments about his case:
“It was a motoring accident. You negotiated with the Prosecutor and one charge was withdrawn. You made submissions for the other allegation, disqualified for just 14 days. Fined under £250. Without Alison’s help I would have struggled in Court”.
Many new drivers faced with the same situation could have simply given up, and might not have known about the strategies that we use to keep new drivers on the road. This client from Lancashire is certainly very glad he called us.
If you have been charged with a motoring offence, no matter how big or small we can help you. From drink and drug driving to speeding and totting up, our specialist motoring law solicitors are experts in identifying defences to secure acquittals where possible, and build strong cases in mitigation to secure a desired outcome where necessary. Don’t let a motoring offence way heavy on your mind, call our motoring law helpline on 0330 33 22 770 to speak to an expert motoring lawyer any time, day or night. Lines are open for free legal advice round the clock so get in touch whenever’s best for you.