Motoring Offences

[TEAK36]

My colleagues and I are discussing motoring offences,and was hoping someone could answer a couple of questions for us.5 years ago I was cought by a speed camera,resulting in a �40 fine and 3 points on my licence.Do these points remain on my licence forever? Also,if a person was convicted of drink driving,I would assume that this person would now have a criminal record,but does this criminal record remain with you for the rest of your life,or does it get 'wiped clean' after a certain amount of time because it is a motoring offence?

[Miss Zippy]

The first point of your question is relatively easy to answer - points stay on your licence for three years. As the three points you mention have been on your licence for 5 years, you should apply to the DLVA for a fresh licence. The second part of your question isn't quite so straightforward. The Rehabilitation of Offenders Act 1974 enables certain criminal convictions to become 'spent' after a rehabilitation period. People often wrongly assume that the rehabilitation period is determined by the offence committed; it is actually determined by the sentence received. There are difference rehab periods for those under 18 and those over 18, but I'll give you examples that apply to the latter - prison sentences of 6 m or less - 7 years; prison sentences of between 6m and 2.5 years - 10 years; fines, commuinity service, probation - 5 years. So, for instance, if someone convicted of drink driving received a fine, the rehab period would be 5 years, after which time their criminal record would be 'spent'. (In this instance, the motorist's driving licence would be endorsed, which would last for 11 years.)

[TEAK36]

Thanks very much Miss Zippy,your answer was exactly what I was looking for.

[Miss Zippy]

You're welcome TEAK36.

[BenDToy]

Just a bit of additional information regarding the original question. I have heard that the points are actually counted in any "totting up" for 3 years from the date of the conviction. However they physically remain on your licence for 4 years. Apparently this is in case you have commited an offence which has not reached court before the end of the 3 years.