6pts 2years mitigating circumstances

[ambuletz]

as others have mentioned, worst case scenario she is revoked. she can apply for the license again, test again, pass again. it would make her carless for maybe a month. naturally her insurance will rise as they will see her as just passed her test and already having 6 pts.

[Aretnap]

Starfighter said:

Could be interesting. The 6 points in 2 years is a DVLA thing. The points trigger an automatic revocation whether the points come from a court or via a fixed penalty bypassing the court.

Could she go to court and plead Guilty with a request not to endorse? The fine and legal fees may well be eye-watering.

She can't just request that the court doesn't endorse (well, she can request anything she likes, but she won't get it). If the court convicts her it is obliged to impose either points or a ban, unless there are special reasons not to do either. Special reasons must be directly related to the offence itself, not to the offender. In practice that means that the court could decide not to endorse if she was speeding due to a genuine emergency, but not because the effect of the endorsement would be to cause undue hardship (to her or anyone else).

As you note correctly if she gets 3 points the revocation will be carried out by the DVLA automatically - there is no leeway or concept of an exceptional hardship plea as there is with a totting ban. So the only way to avoid revocation is to avoid the points.

One theoretically possible way of avoiding then is to ask the court to impose a short ban (maybe a week or two) as an alternative to points. This is within their powers, but they have specific guidelines NOT to do it as it would subvert the clear intent behind the law. However anecdotally there are some courts willing to overlook the guidelines of they hear a good enough reason. A local motoring solicitor with experience of the court in question may be able to say how likely such a request would be to succeed.

[The Li-ion King]

alangla said:

Vaud said:

Starfighter said:

Remind her not to get back on the moped. She looses all her entitlements not just the car.

True, but she can get her provisional and do a CBT quite quickly?

Sounds like it - https://www.gov.uk/reapply-licence-revoked - that also reads like you could drive a car with L plates/supervision pretty much immediately after a revocation. If you went the provisional Cat A/CBT route, you'd be able to ride a 125 rather than a moped as well.

Not sure if they make sidecars for mopeds, how will she get the kids to school?

[4rephill]

Integroo said:

They aren't her kids......

So it's not her responsibility to ensure they get to school then - The kid's parents need to make alternative arrangements.

Integroo said:

........and works shifts as a nurse so public transport is difficult........

On the assumption that she didn't start working shifts as a nurse until after getting her driving licence, how did she cope before?

Integroo said:

......Not that I disagree getting 6 pts in 8 mths is moronic

Getting 6 points only 8 months after passing your driving test for a single offence would be one level of moronic/careless/reckless - Getting 3 points within 8 months of passing your test, failing to heed the warning and second chance you've been given, and getting another 3 points for the same offence within 8 months of passing your test, is another level of moronic completely.

Maybe having her licence revoked, and having to retake her test might teach her the lesson she should have learnt after getting her first 3 points.

[Integroo]

Thanks for the totally unnecessary lecture :-) wasted your time preaching to the choir there

Oh and the shift work point has been answered if you'd cared to read the thread - she had a moped

[rlg43p]

4rephill said:

Getting 6 points only 8 months after passing your driving test for a single offence would be one level of moronic/careless/reckless - Getting 3 points within 8 months of passing your test, failing to heed the warning and second chance you've been given, and getting another 3 points for the same offence within 8 months of passing your test, is another level of moronic completely.

Maybe having her licence revoked, and having to retake her test might teach her the lesson she should have learnt after getting her first 3 points.

Being a self righteous p#@£k on a public forum is equally moronic imho.

[Lindun]

Starfighter said:

Remind her not to get back on the moped. She looses all her entitlements not just the car.

ETA - Did she have a full bike licence for the moped or just a provisional? The revocation only applies to 6 points in 2 years on her FIRST licence. After that passing a test just adds class entitlements.

This is quite an important point that seems to have gone unanswered

[Integroo]

Lindun said:

This is quite an important point that seems to have gone unanswered

No full licence just a cbt.

[Evanivitch]

Beyond the first hurdle of getting her license back, I imagine her insurance will be particularly expensive and a black box probably won't help if she works antisocial hours.

[carinaman]

The Li-ion King said:

alangla said:

Vaud said:

Starfighter said:

Remind her not to get back on the moped. She looses all her entitlements not just the car.

True, but she can get her provisional and do a CBT quite quickly?

Sounds like it - https://www.gov.uk/reapply-licence-revoked - that also reads like you could drive a car with L plates/supervision pretty much immediately after a revocation. If you went the provisional Cat A/CBT route, you'd be able to ride a 125 rather than a moped as well.

Not sure if they make sidecars for mopeds, how will she get the kids to school?

https://www.youtube.com/watch?v=Fws1XkcTHys

Off thread, but in mitigation the dog is pretty cool.

Edited by carinaman on Sunday 18th August 00:18

[Matt_E_Mulsion]

I'd say this is exactly why the New Drivers Act was formed and why the 2 year probationary period exists. The fact that she has made it to only 8 months before being in this position says it all.

I doubt very much that she'll be able to plead any mitigating circumstances, her licence will be revoked and she will have to resit the theory and practical tests again.

Once she has her licence back the six points will remain on there, so if she doesn't learn her lesson and gains another six points within the three years, she will then receive a proper driving ban.

If it gets to that stage then insurance might start becoming an issue if you have a revocation and a ban on your driving record within a few years of passing your test.

[shouldbworking]

Whilst we're on a roll here, feel free to remind her the cbt is a licence to learn, not a crack on for 2 years then repeat. If she hadn't taken the piss with it and done her actual test then she would presumably be out of her probation now.

[Sa Calobra]

Integroo said:

Thanks for the totally unnecessary lecture :-) wasted your time preaching to the choir there

Oh and the shift work point has been answered if you'd cared to read the thread - she had a moped

I agree.

I read on ph a while back that someone's son did retain their licence, possibly at court making representation. I 'think' it meant a bigger fine.


As for speeding. I'm the first on here to jump on anyone glorifying three figure speeding however 63 in a 50 motorway- that can happen to anyone. Especially if you work long shifts.

[TwigtheWonderkid]

Sa Calobra said:

however 63 in a 50 motorway- that can happen to anyone.

Nope, it wouldn't happen to me if I was on 9 points already, or on 3 if I was within the first 2 years.

[Jerham]

When she gets her licence back it will still have 6 points as well.

[martinbiz]

Jerham said:

When she gets her licence back it will still have 6 points as well.

Is that a statement or a question ? In any case the answers are no / wrong

[agtlaw]

How to avoid revocation as a New Driver:

Do not accept a Fixed Penalty offer, then;

1. Plead “not guilty” and successfully defend the charge; or

2. Plead guilty, request a court hearing, attend court and argue Special Reasons not to endorse penalty points; or

3. Plead guilty, request a court hearing, attend court and argue for a very short disqualification.

Do not attempt to deal with the case to a conclusion at the SJPN stage. You must attend court to stand any chance of avoiding revocation.

Edited by agtlaw on Monday 19th August 18:26

[Lindun]

martinbiz said:

Jerham said:

When she gets her licence back it will still have 6 points as well.

Is that a statement or a question ? In any case the answers are no / wrong

Pretty certain you’re wrong. Points are valid for three years and stay in the licence for 4 years as a general rule (I know there are some that stay on longer / apply from date of conviction etc).

They don’t get cancelled just because your licence has been revoked.

[davek_964]

Lindun said:

martinbiz said:

Jerham said:

When she gets her licence back it will still have 6 points as well.

Is that a statement or a question ? In any case the answers are no / wrong

Pretty certain you’re wrong. Points are valid for three years and stay in the licence for 4 years as a general rule (I know there are some that stay on longer / apply from date of conviction etc).

They don’t get cancelled just because your licence has been revoked.

I believe totting up points do come off (otherwise, surely you'd be banned until however long it was before you dropped below 12 points).

[TwigtheWonderkid]

davek_964 said:

Lindun said:

martinbiz said:

Jerham said:

When she gets her licence back it will still have 6 points as well.

Is that a statement or a question ? In any case the answers are no / wrong

Pretty certain you’re wrong. Points are valid for three years and stay in the licence for 4 years as a general rule (I know there are some that stay on longer / apply from date of conviction etc).

They don’t get cancelled just because your licence has been revoked.

I believe totting up points do come off (otherwise, surely you'd be banned until however long it was before you dropped below 12 points).

If you get banned, points come off. A revocation isn't a ban. You can still drive (with L plates and accompanied).