What to Do if You Receive Penalty Points as a New Driver?

What to Do if You Receive Penalty Points as a New Driver?
Legally reviewed by: Kevin Waddingham Updated: In: Motoring Offences

Passing your driving takes considerable time and financial resources, so once you’ve finally passed the last thing new drivers will want is to go through the whole process again. However, new drivers who accumulate six or more penalty points after receiving their driver’s licence, will have to repeat their theory and driving test again.

What’s the Definition a ‘New Driver’

A ‘new driver’ refers to an individual who is in the initial two years after passing their driving test. This initial period of two years is commonly known as the “probationary period.”

How Many Penalty Points Before a ‘New Drivers’ Licence is Revoked?

The law states that if a ‘new driver’ receives 6 points on their licence within the two year probationary period, their licence will be revoked.

What Does It Mean to Have Your Licence Revoked?

If your license is revoked, it means you are banned from driving. To regain driving privileges, you must successfully retake both the theoretical and practical components of your driving test before being allowed back on the road.

How Easy is it to Receive Six Penalty Points

A ‘new driver’ can quickly accumulate six penalty points, resulting in their license being revoked. A speeding violation results in a minimum of three penalty points, making it possible for two minor speeding offences to reach the six point limit. Additionally, if you are significantly over the speed limit you can receive six points for a single offence. Accepting a fixed penalty for driving without insurance or driving while using a mobile phone would also result in six penalty points.

Can You Receive Penalty Points with a Provisional Licence?

Points accrued while you have a provisional license can contribute to the six-point limit. This can potentially lead to the revocation of your driving license soon after passing the driving test.

For example, if you receive three penalty points for speeding while you hold a provisional licence and then within the two year period post passing your driving test committ another speeding offence, this can total six points and lead to your licence subject to revocation.

Is it Possible to Prevent the Revocation of my License after Accumulating Six Penalty Points?

If you receive six penalty points within two years of passing your driving test, your driving license will be revoked automatically, and the decision is final. As the DVLA initiates the process, pleading to the court or police will not change the outcome. Therefore, there is no avenue for appeal.

What to Do if You Are Facing a Driving Offence

There are three possible avenues to take if you are facing a potential new offence that could accumulate up to six penalty points as a ‘new driver,’. These options are: winning in a trial, effectively presenting “special reasons,” or convincing the court to impose a driving disqualification instead of penalty points.

Winning a Trial

As a “new driver,” if you face an allegation that could lead to six penalty points, winning a trial is your only way to avoid license revocation. It’s a challenging decision, not to be taken lightly. Success means no punishment and continued driving. However, losing results in license revocation, potential fines, and prosecution costs. Hiring a specialist motoring law solicitor can enhance your trial success chances.

Presenting “Special Reasons”

“Special reasons” apply when a motoring offence wasn’t your fault, even if you’re guilty. If a court acknowledges “special reasons,” no penalty points are added to your license, potentially preventing license revocation for new drivers.

This defense often arises in cases of driving without insurance. For instance, if you’re a named driver on your parents’ policy, and they failed to pay, leading to cancellation, you could argue “special reasons.” Attending court is necessary, and having a solicitor can strengthen your case by presenting evidence and questioning you before the prosecutor. This thorough approach reduces the likelihood of undermining your case.

Imposing a Driving Disqualification

If you’re a new driver and at fault for an offence, you can potentially avoid license revocation. This can be achieved by requesting a short driving disqualification instead of penalty points. Although this option allows you to continue driving once the ban ends, obtaining a short disqualification can be challenging. In many cases the Sentencing Council discourages such bans, considering them inappropriate. Courts may view the request as an attempt to bypass the law, and there’s a risk of an extended ban. Seeking legal representation, especially from a motoring law specialist, increases your chances. A skilled solicitor can present compelling reasons to opt for a short driving ban, emphasising the immediate need to drive for personal and others’ well-being, potentially referencing the impact on employment, family, and others through well-supported letters.

Should You Accept a Fixed Penalty?

Accepting a fixed penalty for certain offences as a new driver will result in six penalty points, leading to the DVLA revoking your license without a hearing. Even if you are guilty of offences such as driving without insurance or using a mobile phone, it’s important to not accept the fixed penalty if you believe you can argue “special reasons” or request a short ban. Instead, the issue should proceed to a hearing where you can present your case and make your request with the help of a driving offence solicitor.

Responding to a Single Justice Procedure Notice

It’s important for new drivers to consider their response to a Single Justice Procedure Notice carefully. This notice is typically issued for serious motoring offences that require court attention. If you admit guilt in your response, you must decide whether to attend court or accept sentencing in your absence. If the offence could accumulate six or more penalty points, it’s advisable to opt for attending court to reduce the chances of your licence being revoked.

Can You Drive Once Your Licence is Revoked?

Driving with a revoked license can lead to serious consequences, including legal charges, fines, possible imprisonment, and extended revocation periods. Additionally, your vehicle may be impounded, and you could face increased penalties or a criminal record. The act may also affect your insurance coverage and result in higher premiums. It’s essential to comply with license restrictions and avoid driving during a revocation period to prevent these potential repercussions.

Driving With Six Penalty Points On a Provisional Licence?

If you have six points on your provisional licence, your licence will not be revoked once you pass your driving test. However, you will need to drive very careful as receiving any more penalty points will result in your licence being taken away.

Do Penalty Points Clear Once a Licence is Revoked?

Revoking your driving license doesn’t erase accumulated penalty points. If you, as a new driver, gathered six points and faced license revocation, those points persist regardless of re-passing your driving test. If the total points reach twelve or more over three years, you’ll face a driving ban of at least six months unless you can successfully argue for Exceptional Hardship.

Why Choose Cartwright King for Your Defence?

There are plenty of reasons why you should decide to let us handle your case. Our team that will be with you throughout the whole process, offering legal advice whenever you need it. Our solicitors will ensure you understand the charges you are facing.

You are also choosing a non-judgemental and personal approach to your case – we understand that a driving ban can affect your day-to-day life greatly, which is why we’ll do our best to lower the chances of you facing that penalty as much as we can.

We’re a trusted, resourceful Legal 500 top tier law firm with specialist solicitors that are calm under pressure, giving you defence counsel that you can count on.

View our fees here.

How Cartwright King Can Defend New Drivers

Here at Cartwright King, we put our all into every case – including new driver offences. Instead, we don’t judge and focus on the facts and coming up with the best defence possible. We provide you with reliable legal advice, ensuring that all the decisions made are in your best interest.

We can help you with a number of new driver offences, including:

Legal Disclaimer.

All advice is correct at time of publication.