An interesting point arises, of which many of the younger drivers will be only too aware of.
If you have not had your licence for two years and you reach 6 penalty points by way of endorsement either 2 fixed fee penalties or a single endorsement of 6 points your licence is immediately revoked.
There are no ‘special reasons’ or ‘hardship’ arguments as there are for totters (i.e. drivers with a standard licence for more than 2 years or pre-dating the implementation of the rules who reach 12 points). Given the fact that the test is arguably far harder now in practical terms with the roads being busier and the theoretical test being applied this may impact substantially on a young driver whether or not in employment. Additionally the Court can order them to retake their test in any event.
We recently had a very worrying case for a young man who was approaching the second anniversary but just before that date had been caught speeding at 115 miles per hour on the M180 near Scunthorpe. He is the son of an existing client company director.
He would have lost his job as he did 50 – 60,000 miles a year.
We were able to persuade the Magistrates that a relatively short period of qualification for high speed along could be borne but that an order to retake his test or loss of his licence (with a requirement to revoke and re-take again) would be a damaging watershed in his life.
Having heard character references and with a letter from his employers a 28 day period of disqualification was imposed with no endorsements and no order to re-take and the revocation provisions were not triggered.
A crucial aspect was a personal statement submitted by the Defendant together with the references he was able to put before the Court in written form. That greatly assisted our plea in mitigation and made the bench take notice rather than deal with the conviction strictly in accordance with the sentencing guidelines.
Because of increasing regulatory activity on the roads even the most sedate of drivers are finding themselves at risk of losing their licence and the implications here are helpful not only for young drivers with less than 2 years full licence experience but people doing significant mileage where their jobs are reliant on their ability to drive.
Our motoring solicitors can help defend young drivers who face loosing their licence after receiving penalty points, call 01484 821 500 or email jeremy.cook@ramsdens.co.uk.