The New Driver Act and what it means for New Drivers

Amidst the excitement of passing a driving test, it’s crucial that new drivers take the time to familiarise them with a vitally important law which applies specifically to them.

The New Driver Act and who it applies to

The new driver Act applies to ‘new drivers’ who are within the first two years of passing their UK driving test.  This includes foreign licence holders who have taken a UK driving test in order to obtain a full UK licence.

If a new driver accumulates 6 points or more on their driving licence, then their licence is automatically revoked by the DVLA. They would then need to retake both parts of their driving test, resulting in considerable expense, and time spent off the road.

How the 6 point threshold could be reached

Motoring offences carry different amounts of penalty points depending on their severity and nature. Some offences have a range of points that can be imposed so that the Magistrates can vary the punishment according to the severity.

The New Driver Rules do not distinguish whether the points are accrued in one go or are as a result of two minor offences. All that matters is the total number of points on the licence before the two year period is up.

For example, a person who commits two minor speeding offences would face licence revocation, as would someone who commits a single offence of driving without insurance.

Examples of single offences which could result in licence revocation under the new driver rules

  • Using a mobile phone whilst driving (fixed penalty of 6 points)
  • Failure to furnish information (fixed penalty of 6 points)
  • Driving without insurance (6 – 8 penalty points)
  • Permitting someone to use a vehicle without insurance (6 – 8 penalty points)
  • Some cases of careless driving (3 – 9 penalty points)
  • Some cases of failing to stop and report an accident (5 – 10 penalty points)
  • Excessive speeding (4 – 6 penalty points)
  • Being drunk in charge (10 penalty points)

Examples of multiple offences which could result in licence revocation under the new driver rules

  • Failure to stop at a red light (3 penalty points)
  • Low level speeding (3 penalty points)
  • Driving with a defective tyre (3 penalty points per tyre)
  • Driving with defective breaks (3 penalty points)
  • Leaving a vehicle in a dangerous position (3 penalty points)

How to avoid licence revocation by the DVLA

Neither the DVLA nor the police have any discretion over the revocation of a driving licence. Therefore a new driver who is facing the 6 point threshold will need to plead the case in Court.  That’s where we can help.

If you accept that you’re guilty then significant mitigation (information and circumstances to reduce the severity of the offence and its consequences) must be identified, prepared and presented to the Court. It is vitally important that a compelling case is created.

We would ask the Magistrates to impose a short term ban instead of the penalty points. This would prevent you from reaching the 6 point threshold in the first place. The short term ban needn’t be longer than 7- 14 days in many cases, and would see you back on the road considerably faster than having to retake the theory and practical elements of a driving test.

When preparing mitigation, we will ask you about the offence(s), your circumstances and what you use your licence for. The standard for avoiding licence revocation is set high, that’s why we leave no stone unturned when preparing your case.

We will advise on any necessary evidence to support the application and will not rest until your case is as strong as it can possibly be.

A specialist motoring law barrister will then present your case to the Court on your behalf. You would need to do nothing more than confirm your name and enter your plea of guilty or not guilty.

Our methods of avoiding licence revocation have proved extremely successful and have seen the licences of countless individuals saved. Individuals who may have otherwise needed to quit their job or their studies as travel without a car would have been impossible.

At Ashworth Motoring Law, we support new drivers and hope that they spend a long and enjoyable lifetime on the roads. We know that mistakes can happen, that’s why we are here to support, advise and represent new drivers who need to avoid licence revocation within the first two years of driving.

If you are a new driver and would like to discuss the ways that we could save your licence, call 0330 33 22 770 any time, day or night, to speak to an expert motoring lawyer who specialises in avoiding driving licence revocation.

Article by Expert motoring lawyer, Alison Ashworth – Managing Director of Ashworth Motoring Law.

Motoring Lawyers open over the bank holiday weekend

Contact an expert motoring lawyer for free motoring law advice

The August bank holiday is almost upon us. Whilst we hope that you have a nice, relaxing weekend, our specialist motoring law solicitors will be on call day and night, including bank holiday Monday should you need our assistance.

If, over the August bank holiday weekend you need a…….

Drink Driving Solicitor

Drug Driving Solicitor

Drunk in Charge Solicitor

Failure to Provide a Specimen Solicitor

Totting up Solicitor

New Driver – Licence Revocation

Speeding Solicitor

Careless Driving Solicitor

Dangerous Driving Solicitor

Failure to Stop and Report an Accident Solicitor

Driving with no Insurance Solicitor

Mobile phone offence Solicitor

Guilty Plea and Mitigation Solicitor

….. feel free to call our free motoring law legal advice line on 0330 33 22 770.  Your call will be answered by one of our expert motoring lawyers who will support you, advise you on the law and guide you to the best possible outcome in your case. In most cases, a ban or even conviction can be avoided.

If you want to know whether your case is one of the many that can be defended, or need to speak to a specialist motoring law solicitor about avoiding a driving ban, then call 0330 33 22 770 or email

Don’t spend the bank holiday weekend with the worry of a motoring offence hanging over you. Call one of our specialist motoring law solicitors today.


Another new driver avoids licence revocation and keeps driving licence thanks to Ashworth Motoring Law

Licence saved!

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.

New driver keeps driving licence and avoids 6 penalty points

How to find out how many penalty points are on your driving licence

Penalty point 101 – facts and information about the penalty points system:

Penalty points are the endorsements you get on your driving licence as punishment for committing a minor motoring offence. The penalty point system was put in place as a deterrent to motorists in a bid to encourage better behaviour on the roads. However many now argue that the increase of speed, traffic light and bus lane cameras suggests that the penalty point system has become more of a money making scheme for the government rather than about encouraging better behaviour as Parliament originally intended. Whatever the view, the results of falling fowl of the penalty point system can be drastic.

Incur too many penalty points and it could result in licence revocation (for drivers who accumulate six penalty points within their first two years of passing their practical test) or a six month disqualification from driving for more experienced drivers who reach the dreaded twelve point threshold.

Penalty points remain active (for totting up purposes) on your driving licence for three years.  An application to the DVLA can be made after four years to remove them.

For sentencing purposes, when considering whether a person is going to reach the six point threshold (for new drivers) or the 12 month totting up threshold, it’s important to remember to count from the date of the oldest offence within the three year period to the date of the most recent offence. The date of conviction is inconsequential. All too often I come across motorists who ask me to get their hearing adjourned so that the old points will have dropped off their licence by the time the case gets to Court. This really does not work. It wouldn’t matter if the case was adjourned for ten years; the offences themselves would have still been committed within a three year period and the case would therefore proceed to a totting up/revocation hearing.

How to find out how many penalty points are on your driving licence

Ashworth Motoring Law penalty points and how to find out online how many you have

It’s always useful to know how many penalty points you have on your driving licence. Previously, a person’s paper counterpart held details of how many penalty points they had on their driving licence. That all changed in June 2015 when the counterpart driving licence was abolished.

Now, you can obtain an up-to-date snapshot of exactly how many penalty points are on your driving licence by visiting:  Simply enter your driving licence number, national insurance number and postcode, and the current legal state of your licence will be displayed for you.

You never know, you may need to set that speed limiter or start using the speed camera detection function of your sat-nav once you get your results!

Article written by Expert Motoring Lawyer, Alison Ashworth; Managing Director of Ashworth Motoring Law Ltd.

Alison Ashworth; Expert motoring lawyer and Director of

Ashworth Motoring Law Ltd are specialists in defending all types of driving offences, and are experts in keeping motorists on the road when they face totting up or new driver revocation issues. If you would like expert advice and guidance regarding your case, call our free motoring law helpline on 0330 33 22 770 to speak to a specialist driving offence solicitor. Lines are open round the clock so get in touch whenever’s best for you. We look forward to taking your call.

Free legal advice in totting up cases from the specialist totting up solicitors at Ashworth Motoring Law


Half of UK drivers would fail their driving test if they were to take it again today, reveals an online quiz.

An online quiz by Halfords has revealed that over half of British drivers would fail their driving test if they had to take it again today.

The quiz is made up of ten simple questions that all drivers should know without hesitation. Yet surprisingly, most drivers are getting the answers wrong!

The question which seems to be causing the greatest confusion so far is: “What is the blood alcohol (drink drive) limit for drivers in England in Wales?”. A shocking 69% of the people who have responded so far did not know what the drink drive limit was.

Here is a flavour of some of the other multiple choice questions:

  • You’re driving along a dual carriageway in a car; the speed limit is not stated but there are street lights lining the road. What is the speed limit?
  • When checking the engine oil level, at what temperature should your engine be? And
  • When on the motorway, which lane should you use for driving when the road ahead is clear?

To put your driving knowledge and maintenance skills to the test and find out whether you’re roadworthy, take the quiz by clicking here.

Ashworth Motoring Law LogoAshworth Motoring Law are experts in defending driving offences. If you would like to speak to a specialist motoring law solicitor about your case in confidence call 0330 33 22 770 for free initial legal advice. Our expert motoring lawyers are on call 24/7 so get in touch whenever’s best for you.

Free legal advice for drink driving and drug driving offences involving blood and urine from Ashworth Motoring Law

Learner drivers face long wait to take practical test

Learner drivers are having to wait up to 3 months to take their practical test. Usually, a learner driver could expect to wait up to  6 weeks to take their test. However a significant lack of driving test examiners has led to a backlog, pushing the average waiting time to 8 weeks for completion of a driving test, with some learner drivers reporting delays of up to 3 months!

Although the DVSA has pledged to recruit more driving test assessors, this is little comfort to the thousands of learner drivers who are already having to wait longer to complete their test, and  who are incurring additional costs whilst paying for extra lessons to keep their driving skills up to scratch.

Article written by Expert Motoring Law Solicitor and Managing Director at Ashworth Motoring Law, Alison Ashworth.

Ashworth Motoring Law are specialists in representing new drivers and avoiding licence revocation by the DVLA under the New Driver Act. Please visit the New Driver Section of our website or call our free motoring law helpline on 0330 33 22 770 for further info.