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Motoring Offences
| 23 July 2019

How easily can penalty points ‘tot up’?

Each person who has held a driving licence for more than 2 years can receive a maximum of 11 penalty points on their licence at any one period. Penalty points remain on your licence for 3 years from the date received.

If you reach 12 penalty points or more you will become a ‘totter’ and liable to a disqualification of a minimum of 6 months unless the court finds exceptional hardship. This is an application made to the court that the hardship resulting from losing your licence would be above and beyond that of an ordinary person. However, the Court will often only consider a limited number of arguments for this and general inconvenience will not be considered sufficient.

Did you know…

• Splashing a pedestrian by driving through a puddle can result in 3 penalty points and a financial penalty. This offence is charged under s.3 of the Road Traffic Act for careless, aggressive or inconsiderate driving

• Using your mobile phone to pay at a drive-through can result in 6 penalty points and a £1000 fine. A drive-through has been held to be a public road as the public have access. Similarly, touching your phone whilst using it as a SAT-NAV can result in the same penalty points and fine.

• Allowing your pet to roam freely whilst driving can result in 9 penalty points and a financial penalty. The Highway Code states that animals must be suitably restrained whilst driving.

What to do if you receive penalty points

If you receive a notice of intended prosecution or notice of proposed disqualification we suggest that you contact a solicitor. We offer fixed fee £150 plus VAT driving consultations to discuss proposed disqualifications and to allow you to consider your options. We regularly represent clients facing disqualification and put forward exceptional hardship applications on their behalf.

If you wish to discuss your driving matters in confidence, please do not hesitate to contact our motoring department on 01702 338 338/ 01277 500123/ 0208 0495888.

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