Crosswords1 min ago
license revoked?
i have not been passed my test for 2 years until january 07.i have 3 points on my license for a speeding offence unfortunately 2 weeks ago i was stopped as i had a bald tyre.i had no idea as it was worn on the inside i had only just had 2 front tyres put on.apparently the back axel was causing it.i took the car into the main dealers the next day and basically i was duped when i bought the car.the problem was rectified straight away .has anyone been to court to plead for thier license ?? i am aware i cannot plead not guilty what are my chances of perhaps a short period disqualification i reley on my car for my job any advice greatly appreciated.
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For more on marking an answer as the "Best Answer", please visit our FAQ.6 points in first two years after passing first test and it's back to square one. No use trying to delay the court appearance as the offences were within the two year period. You should appear in court in person and plead your case. Take documentary evidence with you e.g. reciepts etc. Maybe the court can give you less than three or maybe no points but it's certainly worth a try - good luck
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You have no right of appeal over the licence revocation. It is not imposed by the courts but by the DVLA upon receipt of the information that you have accumulated six points. Your only option via the court is to try to avoid the imposition of a further three points. In this you have two options:
You can go to court over the tyre issue and try to argue that there are exceptional circumstances which would persuade the magistrates to simply endorse your licence but award no points. (The exceptional circumstances would relate to the offence itself in that you believe it was not your fault that the tyre wore unexpectedly. As I said earlier, the magistrates would not consider the question of licence revocation as it is not in their hands.).
Alternatively you could plead for a short disqualification instead of points. (Strangely, disqualification within two years of passing your test does not lead to licence revocation in the same way that the accumulation of six points does).
My view is that neither of these is likely to succeed. Tyre offences are �absolute� offences. That is to say it is your responsibility to ensure you have tyres meeting the minimum legal standards. If you do not it is considered to be your fault regardless of the circumstances. Plan B is also unlikely to be successful. Disqualification for any offence which carries an endorsement is indeed within the magistrates� powers. However, they are most unlikely to award a ban for what is a comparatively trivial offence in order to enable you to avoid the �new drivers� measures.
You can go to court over the tyre issue and try to argue that there are exceptional circumstances which would persuade the magistrates to simply endorse your licence but award no points. (The exceptional circumstances would relate to the offence itself in that you believe it was not your fault that the tyre wore unexpectedly. As I said earlier, the magistrates would not consider the question of licence revocation as it is not in their hands.).
Alternatively you could plead for a short disqualification instead of points. (Strangely, disqualification within two years of passing your test does not lead to licence revocation in the same way that the accumulation of six points does).
My view is that neither of these is likely to succeed. Tyre offences are �absolute� offences. That is to say it is your responsibility to ensure you have tyres meeting the minimum legal standards. If you do not it is considered to be your fault regardless of the circumstances. Plan B is also unlikely to be successful. Disqualification for any offence which carries an endorsement is indeed within the magistrates� powers. However, they are most unlikely to award a ban for what is a comparatively trivial offence in order to enable you to avoid the �new drivers� measures.