MCP Solicitors and Private Clients, Including Motoring Offences
MCP Solicitors represent clients who, for various reasons, are not eligible for public funding. Our Criminal lawyers' depth of knowledge and experience is wide ranging so we can offer you excellent service no matter what your situation.
MCP Solicitors is acutely aware of the importance to motorists of retaining their driving licences. The accumulation of penalty points could lead to a period of disqualification which can seriously affect a client's livelihood.
Our Criminal lawyers specialise in representing clients charged with various motoring matters, including speeding and other offences, where a driving licence may be at risk. We will help you to understand your legal position in what can be a complex area of the law.
The courts have the power to impose between three and six penalty points for each speeding offence. Additionally, they can impose a period of disqualification for the offence itself, of usually no more than 56 days.
What factors do the court take into account when determining how many points to impose?
The court should look at a number of aggravating and mitigating features, including the road conditions, visibility, proximity to built up area, as well as personal mitigation. However, the main criteria for determining the number of points is that of the level of speed. As a general guideline, thirty miles per hour or more over the statutory speed limit would lead to a period of disqualification for the offence itself. Alternatively, points are imposed if the speed is below that level.
Under the new driving provisions, if any driver who has passed their test within the last two years acquires six or more penalty points on their licence, then their licence will be revoked automatically. There is a loop hole, however, if the young driver is disqualified for the offence itself their licence will be returned to them automatically after the period of the disqualification.
The court considers all penalty points acquired over the preceding three year period and if they, together with the new offence lead to twelve or more penalty points then you face disqualification under the court's "totting up" procedure.
Is there any way I can avoid losing my licence under this "totting up" procedure?
The court has the discretion not to disqualify or to reduce a period of disqualification if it feels that exceptional hardship would follow from that disqualification.
What might amount to exceptional hardship?
The court looks at the offender and not the offence when determining whether exceptional hardship would be suffered. This may be through loss of employment, although this is not always considered to be sufficient hardship for this argument to be successful. Often if other people's welfare is jeopardised, or employment is likely to suffer, then this could also be considered as exceptional hardship.
The court has no discretion for an offence of driving with excess alcohol and has to impose a minimum disqualification period of twelve months.
Is it possible that the disqualification could be for longer?
If anyone has committed a previous drink driving offence within the preceding ten years then the minimum disqualification would be three years. Also, the court would tend to follow guidelines and impose a period of disqualification dependant upon the amount of alcohol over the statutory limit.
Is there any way that the period of disqualification can be reduced?
Courts can offer a drink drive rehabilitation course, which if successfully completed reduces any period of disqualification by a quarter. This will require attendance on a course over a number of sessions, and payment of the fee. The course must be completed within a certain time period.
