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Criminal Law & Motoring Offences

Totting up points on your driving Licence.

When a driver accumulates twelve points or more in a three-year period on their driving license they are normally subject to a minimum driving ban of six months, but it must be noted that there are different rules for new drivers; bans from 6 points if driving under a 'new licence'.

Points can be awarded for a number of motoring offences and are given a code to identify the offence, for a list of the offence codes and the points value, visit the Government site
//www.gov.uk/penalty-points-endorsements/endorsement-codes-and-penalty-points

Being banned for 6 months (minimum) can have a devastating effect on a person's life, loss of job, perhaps an inability to fulfil care responsibilities, sometimes it can be down to incorrect paperwork, e.g. Insurance expired, in circumstances where the offender will suffer exceptional hardship, the court has the power not to impose a ban.

The circumstances a court may consider to be exceptional are

- If the driving ban affects a driver for health reasons.
- If a person's job is affected and in turn the ban will affect others (key employee)
- If the persons job affects the health of others.
- If the person works as a carer.

There may be other facts you can bring before the court to help your case and, if you do fall under any one of these points, it does not entitle you to be exempt from a ban, and we would recommend you take legal advice to ensure your defence is presented as it should be, setting out the facts and evidence for a judge to make a fully informed decision.

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