Lawyers for Driving Disqualifications & Penalty Points
If you have accumulated penalty points for driving offences, you may face a driving disqualification. The number of points and the length of the disqualification can vary based on not only the offence committed, but also the circumstances of the driver. Courts may decide to lessen or avoid a driving disqualification for a driver if it can be proven that being banned from driving would cause significant hardship.
Our driving offence solicitors can help you build a strong case to fight back when faced with a disqualification or unjustified penalty points for a motoring offence.
How Long Do Penalty Points Stay on a Licence?
Typically, endorsements stay on your driving record for anything between four or 11 years depending on the offence. You can see a full list of driving offences at the bottom of this page showing the amount of penalty points associated with offences of various levels of severity.
An endorsement is valid for the first:
- Three years, for a four-year endorsement
- 10 years, for an 11-year endorsement
And a court can take your endorsement into account if both:
- You commit another offence while it’s valid
- The endorsement is still on your driving record when the court considers your case
Once your points have exceeded the ‘valid’ period, they no longer count on your tally for totting up purposes.
Can Insurance Companies and Employers See My Driving Endorsements?
Organisations such as insurance companies and employers may be able to find out that you have the endorsement:
- Any time during a four-year endorsement
- During the first five years of an 11-year endorsement, or the first 30 months if you’re under 18
Most insurance providers will ask that you inform them of endorsements when renewing a policy, or signing a new one. Some may even ask to be notified immediately after the fact.
Penalty points can affect your insurance payments, so fighting accusations that could result in points and endorsements can help you financially as well.
How Long Do Penalty Points Stay on a Driving Record?
Again, this depends on the offence. Endorsements and penalty points will stay on a driving licence four years from the date of conviction (not the date of the offence) if the offence is for either:
- reckless/dangerous driving - shown on a license as DD40, DD60 and DD80
- results in disqualification
Endorsements and penalty points will stay on a driving licence 11 years from date of conviction (not the date of the offence) if the offence is for either:
- Drink driving or drug driving – a drink or drug driving offence will be shown on your license as DR10, DR20, DR30, DR31, DR61 and DR80
- Causing death by careless driving while under the influence of drink or drugs – shown on the driving record as CD40, CD50 and CD60
- Causing death by careless driving, then failing to provide a specimen for analysis – shown on the driving record as CD70
In all other cases, an endorsement will stay on your driving record for four years from the date of offence.
what is 'Totting Up' of Penalty Points?
Penalty points add up on a licence and if you reach the limit of 12 points then you may be disqualified from driving. For example, if you already have nine or more points on your licence, then a further three points would tot up to 12 or more and a Magistrate will consider disqualifying you from driving for a minimum of six months.
is there any defence for 'Totting Up' of Penalty Points?
In some cases, there may be special reasons or exceptional hardship caused if a disqualification were to be applied. If either of these arguments are valid, then the Court may reconsider the penalties.
If you already have points on your licence this could lead to disqualification. Known as a TT99, this signifies disqualification under ‘totting-up’ procedure when the driver has reached 12 penalty points within a three-year period and this could result in loss of earnings and have serious consequences affecting your livelihood.
what happens if i get penalty points when i am a new driver?
If you have been driving for under two years and already have three points on your licence and you receive three more, then your licence would be rescinded. You would then have to go through the time and expense of taking your driving test again.
how do i avoid a driving ban if i get 12 points on my licence?
Your strongest chance of avoiding a driving ban is to argue ‘exceptional hardship’. To do this you will need a team of expert driving offence solicitors on your side. We have an expert team of driving solicitors who can listen to you and help you build a case for exceptional hardship and so we may be able to request the Court not to ban you even if you are convicted of the offence. Complete the online enquiry form at the top of this page today and one of specialist driving offence lawyers will get in touch with you.
Penalty Points Table
The table below outlines the range of penalty points that can be accumulated with each driving offence. If you would like more information about the penalties for a motoring offence, contact Draycott Browne today. Our experts can help you reach a favourable outcome, and avoid a disqualification.
Offence |
Maximum penalty |
Penalty points |
Causing death by dangerous driving |
14 years’ imprisonment / Unlimited fine / Obligatory disqualification (minimum two years) |
Three to 11 (if exceptionally not disqualified) |
Dangerous driving |
Two years’ imprisonment / Unlimited fine / Obligatory disqualification |
Three to 11 (if exceptionally not disqualified) |
Causing death by careless driving under the influence of drink or drugs |
14 years’ imprisonment / Unlimited fine / Obligatory disqualification (minimum two years) |
Three to 11 (if exceptionally not disqualified) |
Careless and inconsiderate driving |
Unlimited fine / Discretionary disqualification |
Three to nine |
Driving while unfit through drink or drugs or with excess alcohol: or failing to provide a specimen for analysis |
Six months’ imprisonment / Unlimited fine / Obligatory disqualification |
Three to 11 (if exceptionally not disqualified) |
Failing to stop after an accident or failing to report an accident |
Six months’ imprisonment / Unlimited fine / Discretionary disqualification |
Five to 10 |
Driving while disqualified |
Six months’ imprisonment (12 months in Scotland) / Unlimited fine / Discretionary disqualification |
Six |
Driving after refusal or revocation of licence on medical grounds |
Six months’ imprisonment / Unlimited fine / Discretionary disqualification |
Three to six |
Driving without insurance |
Unlimited fine / Discretionary disqualification |
Six to eight |
Using a vehicle in a dangerous condition |
LGV or PCV unlimited, other vehicles £2,500/ Obligatory disqualification if offence committed within 3 years of a previous conviction for a similar offence - six months min. Otherwise discretionary |
Three in each case |
Failure to have proper control of vehicle or full view of the road and traffic ahead |
£1,000 fine (£2,500 for PCV or goods vehicle) / Discretionary disqualification |
Three |
Using a hand-held mobile phone when driving |
£1,000 fine (£2,500 for PCV or goods vehicle) / Discretionary disqualification |
Six |
Driving otherwise than in accordance with a licence |
£1,000 fine / Discretionary disqualification |
Three to six |
Speeding |
£1,000 fine (£2,500 for motorway offences) / Discretionary disqualification |
Three to six, or three (fixed penalty) |
Traffic light offences |
£1,000 fine / Discretionary disqualification |
Three |
No MOT certificate |
£1,000 fine |
- |
Seat belt offences |
£500 fine |
- |
Dangerous cycling |
£2,500 fine |
- |
Careless cycling |
£1,000 fine |
- |
Cycling on pavement |
£500 fine |
- |
Failing to identify driver of vehicle |
£1,000 fine / Discretionary disqualification |
- |
CONTACT OUR DRIVING OFFENCE SOLICITORS TODAY
If you are facing an offence that would add to your penalty points, and possibly a disqualification, having the support of a specialist law firm can make the difference.
Our Driving Disqualification Solicitors are part of our leading team of criminal solicitors in Manchester. Draycott Browne is highly regarded across this area of the law, and renowned for consistently excellent results. Our Motoring Offence Solicitors have the knowledge and experience to support you and build a strong legal case throughout your representation, in and out of court.
As one of the leading criminal defence law firms in the UK, we will work tirelessly on your behalf to ensure you have a strong and effective defence against penalty points and driving disqualifications.
You cannot afford to settle for anything less than Draycott Browne and the quality legal representation our team of specialists offers, especially if your lifestyle depends on your driving licence to provide for yourself and others.
If you or a loved one are seeking first-class legal advice and representation from experienced Motoring Solicitors, call Draycott Browne today on +44 (0)161 266 7080.