driving disqualification

[chacha72]

If you have been disqualified for only 3 weeks and within the 4 years after this you gain another sp30 what is the outcome? Are you banned again for longer or fined?

[JudgeJ]

If you were disqualified for 3 weeks I assume it was for a single offence and not �totting up�. (The minimum disqualification under totting is 6 months).

That being the case, you would not have received penalty points for the offence where you were disqualified (you cannot receive both points and a ban for a single offence). You are therefore in the same position as you were prior to the disqualification � that is if you have accumulated 12 points or more within three years (the dates of the offences, not the convictions or penalty notices, being used to calculate the three years) then you will receive a mandatory 6 month disqualification under the totting up rules.

Let me know if this is not clear or if I have not understood your situation properly, and I�ll try to help further.

[chacha72]

Thank you JudgeJ. Seeing as there were no points on the licence before the disqualification I assume you are saying that there is 'room' for 12 on the totting up scheme - so to speak before another disqualification would occur. Not advisable to get to that stage though I am sure!

[JudgeJ]

Quite right, chacha72. Any fixed penalties you receive will simply attract the relevant number of points and you will not be disqualified again until you reach the magic number of twelve.

Where your previous conviction which attracted the disqualification could have an effect is if you are accused of an offence and it is decided that you must be dealt with in court rather than by way of a fixed penalty. (This could be, for example, for speeding where your speed is so high that the police will not issue a fixed penalty). In this case your previous convictions and fixed penalties will be examined by the magistrates and they could be seen as an aggravating feature.

One last bit of info which you may find useful. If you do reach twelve points and are disqualified under totting up (for which the minimum period is six months) your points tally is reset to zero when you resume driving after having served your ban.