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Penalty Points & Driving Ban Solicitors

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.

What is a discretionary disqualification (MR59)?

A Discretionary Disqualification, known as an MR59, is a driving ban that the courts may choose to apply of a driving offence that could be punishable by penalty points or fines. This type of ban is applied to cases that are considered particularly serious, such as high-speed driving offences. There is no legal limit to how long an MR59 disqualification can be, however these bans tend to be 56 days or less. Courts may, however, use a Discretionary Disqualification to impose longer bans to serious offenders if they feel it is appropriate to do so.

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Specialist expertise in defending all types of penalty point offences.

Appeal Against Sentence
Driving whilst disqualified
Totting Up Bans

Our Motoring OFFENCES Advice Team

Shaun Draycott

Shaun Draycott

Managing Director & Serious Crime Solicitor
Rob Mann

Rob Mann

Director & Serious Crime Solicitor
Venessa Schweitzer

Venessa Schweitzer

Consultant Litigator
Caitlin Cardwell

Caitlin Cardwell

Crown Court Litigator
Meet the Team

What is an obligatory disqualification?

An Obligatory Disqualification is a driving ban that the Court must impose for some serious driving offences. These include:

 

  • Drink driving
  • Drug driving
  • Dangerous driving

All of these examples carry an Obligatory Disqualification of 12 months. You can appeal an Obligatory Disqualification through “special reason” arguments, such as being unaware of being under the influence of drugs or committing a dangerous driving offence because of an emergency situation.

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 receive a disqualification by totting up (TT99). 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.

 

What is an Exceptional Hardship Application?

If you face a driving disqualification after reaching 12 penalty points under the totting up rules, you may be able to avoid a driving ban by making an Exceptional Hardship Application.

Exceptional hardship is more than the normal inconvenience caused by losing your driving licence. The court will consider whether a disqualification would have an unusually severe impact on you or on other people who rely on you. This may include losing your employment, preventing you from caring for vulnerable family members, or causing serious financial hardship to employees or dependants.

Every case is decided on its own facts, and supporting evidence is often essential. A well prepared application can make the difference between keeping your licence and receiving a mandatory driving ban.

Our specialist Driving Ban Solicitors have extensive experience preparing and presenting Exceptional Hardship Applications in courts across England and Wales. We will assess the strength of your case, gather the supporting evidence needed, prepare you for giving evidence, and present the strongest possible arguments on your behalf.

If you are at risk of a driving disqualification through totting up, contact Draycott Browne as soon as possible. Early legal advice gives you the best opportunity to prepare a compelling Exceptional Hardship Application and protect your driving licence.

What happens if I drive during a disqualification?

An offence of driving while disqualified can have serious consequences, such as significant fines, an extension to the ban, and up to a six-month prison sentence. If you are caught driving a vehicle on a public road or place, you will also be charged with driving while uninsured.

When a driver is disqualified, it is imperative that they avoid driving at all costs until the end of their disqualification. You will receive a renewal form (D27) 56 days before the driving disqualification expires, allowing you to apply for a driving licence.

While there are potential mitigating factors that may lessen the punishment, driving before the end of a driving ban is dangerous and can lead to serious repercussions. It is vital to seek expert legal advice if you have been found to be driving while banned.

How long do penelty points stay on your licence?

Typically, endorsements stay on your driving record for anything between four or 11 years depending on the motoring 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 total for disqualification purposes.

 

Can insurance companies and employers see my diving 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 appealing driving offence convictions that could result in points and endorsements can help you financially as well.

How long do penalty points stay on your driving licence?

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 licence 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 licence 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.

How do i avoid a driving ban if I get 12 points on my licence?

If you already have points on your licence, this could lead to disqualification when the driver has reached 12 penalty points within a three-year period. A driving disqualification could result in loss of earnings and have serious consequences, affecting your livelihood.

Your strongest chance of avoiding a driving ban is to argue a special reason for the offence, or ‘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 an exceptional hardship defence 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.

What happens if i get penelty points when im 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,

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 Disqualifications Solicitors

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. Draycott Browne is highly regarded across this area of the law, and renowned for consistently excellent results. Our 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.

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