ChatterBank2 mins ago
Points On License
My sons mate was in court a few days ago charged with drink driving, no M.O.T, no insurance and driving with only a provisional license.
Found out today that in court he received fines, costs, a driving ban, unpaid work order and a 20 day alcohol treatment order but no points on his license.
I know that points stay on your license for either 4 or 11 years
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but his ban was for 2 years. So he can legally drive with no points on his license after this time.
I was under the impression that points were automatic with offences of this kind or was it an oversight on the part of the magistrates?
(or am I wrong?)
Found out today that in court he received fines, costs, a driving ban, unpaid work order and a 20 day alcohol treatment order but no points on his license.
I know that points stay on your license for either 4 or 11 years
https:/
but his ban was for 2 years. So he can legally drive with no points on his license after this time.
I was under the impression that points were automatic with offences of this kind or was it an oversight on the part of the magistrates?
(or am I wrong?)
Answers
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“You get a ban if you get 12 points, so he has gone straight to a ban without getting 12 points under the totting up procedure. A ban wipes out the points so the magistrate is correct.”
Considerable confusion here.
A disqualification for excess alcohol does not involve penalty points in any way. Endorseable driving offences fall into two categories: those that carry a discretionary disqualification (such as speeding or driving with no insurance) and those that carry a mandatory disqualification (such as driving with excess alcohol or dangerous driving).
When dealing with a charge of the first type the court can either impose penalty points or an immediate disqualification. When dealing with an offence of the second type it has no option but to impose an immediate disqualification with a minimum duration of twelve months. Such a ban does not wipe out any points for there are no points to wipe out. Furthermore, if the driver has points on his record for any earlier offence these are not wiped out by the excess alcohol ban. They remain active for three (or ten for offences involving alcohol or drugs) years. Only when a “totting up” ban is imposed (see below) are points wiped out.
A driver accumulating twelve points within three years (with the date of the offences being used for the calculation) faces a minimum six month ban under the “totting up” process.
“A magistrate in case of future offences can consider it as, I think as either 10 or 12 points, but he can drive after the ban.”
Driving with excess alcohol attracts a mandatory ban of twelve months. If a second or subsequent offence is committed within ten years the minimum ban is three years. The court does not consider 10 or 12 points; it simply considers that an earlier offence of the relevant type has been committed.
Considerable confusion here.
A disqualification for excess alcohol does not involve penalty points in any way. Endorseable driving offences fall into two categories: those that carry a discretionary disqualification (such as speeding or driving with no insurance) and those that carry a mandatory disqualification (such as driving with excess alcohol or dangerous driving).
When dealing with a charge of the first type the court can either impose penalty points or an immediate disqualification. When dealing with an offence of the second type it has no option but to impose an immediate disqualification with a minimum duration of twelve months. Such a ban does not wipe out any points for there are no points to wipe out. Furthermore, if the driver has points on his record for any earlier offence these are not wiped out by the excess alcohol ban. They remain active for three (or ten for offences involving alcohol or drugs) years. Only when a “totting up” ban is imposed (see below) are points wiped out.
A driver accumulating twelve points within three years (with the date of the offences being used for the calculation) faces a minimum six month ban under the “totting up” process.
“A magistrate in case of future offences can consider it as, I think as either 10 or 12 points, but he can drive after the ban.”
Driving with excess alcohol attracts a mandatory ban of twelve months. If a second or subsequent offence is committed within ten years the minimum ban is three years. The court does not consider 10 or 12 points; it simply considers that an earlier offence of the relevant type has been committed.
