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Posts Tagged ‘Totting up ban’

Birmingham Magistrates Motoring Solicitor – 12 points, avoiding a ban

Motoring lawyers, like all solicitors are ultimately judged on results.

Anyone can say they are good in court but we back our claims up with hard facts.

We list the results we get so you can see just how effective we are for our clients.

The details may have changed so that the client can not be identified but the facts are accurate.

CHARGE – No Insurance


The minimum number of points the court can impose is 6 therefore the court will have to disqualify the client unless we can convince them that he will suffer exceptional hardship. Client is dependant upon his licence in order to do his job.

RESULT – 6 points, court accept that he will suffer exceptional hardship and allow him to keep his licence. Fined 1 weeks wages.

Exceptional Hardship – Tony Pulis Defence

Specialist Motoring Lawyer Steve Williams reviews the argument for Exceptional Hardship.

Tony Pulis kept his licence yesterday despite speeding at 96 in a 60 and already having 9 points on his licence. The court gave him 6 points for speeding which meant he had a total of 15 points. Once a driving has 12 points or more the court have to disqualify them for 6 months unless they can show exceptional hardship.

Exceptional hardship is more than just inconvenience or hardship, it has to be over and above what you would normally expect from being banned for 6 months and can relate to either the driver or anyone else.

Steve Williams specialises in exceptional hardship applications and is proud of the fact that he has rarely lost a case, this case would have been a challenge though.

“The problem here is that Tony Pulis is very well paid and although he has to do a lot of driving for his job he could not argue that he would lose his job if he was disqualified. The court would expect a football club who pay players £50,000 a week to be able to afford to pay a driver for their manager, or indeed Tony Pulis could have paid for a driver himself. The normal type of application in these circumstances is that someone would lose their job and then suffer exceptional financial hardship. This wasn’t going to work here.

The application was made on the basis that a lot of his work is very confidential and has to be kept secret and although he could afford a driver this would mean that he could not discuss confidential issues in front of the driver and therefore his ability to work would be severely curtailed to the detriment of the football club and this would have a knock on effect on the people of Stoke who benefit from their football club doing so well.

It’s an interesting argument that the town folk of Stoke would suffer if their team were unable to sign star names in secret. Presumably not an argument that the manager of Hereford Town could use given their precarious position at the bottom of the table they couldn’t suffer much more than they already are!”



Motoring Solicitors advise on totting up ban and New Drivers

Totting up Disqualification and New Drivers

Had a very interesting chat with a client yesterday that had an issue with her driving licence she was a new driver (very new in fact just passed the day before :-)).

She wanted to know the difference between being disqualified for having 12 points and the new driver provisions – not that she had reached 12 points!

I was going to send her a lengthy reply but it was late at night and it occurred to me that it would be a good idea for a blog ;-).


The law relating to new drivers (Road Traffic (New Drivers) Act 1995) states that newly qualified drivers within 2 years of passing their test are liable to have their full licence entitlement taken away if they amass 6 or more points during that period. If you get 6 points in total within 2 years after passing your test then your licence will be revoked. This is not a court action but is done by the DVLA. So if a new driver is found guilty of driving without insurance his licence is automatically revoked because driving without insurance carried 6-8 points. If you get 2 speeding tickets, minimum of 3 points on each so you have your licence revoked.

Untitled-2What happens if you have 3 points on your licence before you pass your test? If you then get convicted of any motoring offence that carries penalty points you will get a minimum of 3 points (at the moment – this will change shortly) that will take it to 6 on your licence and even though 3 were before you passed your test your licence will still be revoked.

If you have 6 points before you pass your test you licence isn’t revoke as soon as you pass your test! but any offence with penalty points after that and it’s back to L plates and your dad having to sit next to you when you drive 😉

The totting up provisions apply to both new and old drivers. If you get 12 points within a 3 year period the court must disqualify you for 6 months unless there are exceptional reasons not to (this is something I specialise in so if you find yourself on 9 points and get another summons give me a call and we will see if I can keep your licence).

The difference between a disqualification and a revocation is that under a disqualification you cannot drive at all for 6 months but you do not have to take a re-test. A revocation means that you go back to being a learner driver, have L plates, a supervising driver and have to re-take your test.

The penalties for breaching these differ too, if you drive whilst you are disqualified then you can go to prison and people often do, if you do it twice then it’s pretty certain you will be walking around in a blue uniform and queueing up for your meals for a couple of months. If you drive whilst your licence is revoked then you commit the offence of driving otherwise in accordance with a licence which is not imprisonable but does carry 3-6 points so you could find yourself banned for getting 12 points.

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