Endorsements & Penalty Points

Endorsements and penalty points
Legally reviewed by: Kevin Waddingham

Legal Advice for Penalty Points & Endorsements

If you have been accused of an endorsable driving offence you stand to have penalty points added to your licence for 4 – 11 years if you enter a guilty plea or accept a fixed penalty. The number of penalty points you can receive is dependent on the type of driving case, and in some cases, whether there are any aggravating features. For example, in speeding cases, fixed penalty cases will lead to 3 points, but if your speed is higher a court may order up to 6 points.

Cartwright King’s specialist Motoring Law team will advise you of your rights and help you build the strongest case possible to clear you of penalty or punishment, or limit the action taken against you.

Get in touch with our trusted Motoring Law team today for specialist advice.

How Cartwright King can defend you against Penalty Points

Cartwright King takes a non-judgemental and proactive approach to your case. We offer honest and reliable legal advice to ensure every action undertaken works to your benefit.

We can advise you on all manner of endorsable driving offences, including:

  • Accident offences
  • Driving while disqualified
  • Driving without due care and attention (careless driving)
  • Construction & use offences
  • Reckless/dangerous driving
  • Drink driving or drug driving
  • Driving insurance offences
  • Driving licence offences
  • Miscellaneous offences
  • Motorway offences
  • Pedestrian crossings
  • Speed limits
  • Traffic direction & signs
  • Totting up
  • Theft or unauthorised taking

Benefit from a free, initial telephone conversation

If you have been charged with an endorsable offence and you face getting penalty points or disqualification, you can benefit from a free, initial telephone call with one of Cartwright King Motoring Offence Lawyers, to assess your options.

For immediate action, contact us today for your free* initial discussion.

The phone call is not formal, and it gives us a chance to:

● Get to know you
● Understand your case and decide what actions should be taken next

*Please be aware that this is a ‘get to know you’ call, and no advice will be given.

Why choose Cartwright King for driving endorsement defence?

Having an experienced Motoring Offence Lawyer representing you is often the difference when it comes to avoiding penalties or punishment for driving offences.

Working with a specialist Cartwright King solicitor gives you the assurance of having access to legal counsel who will advise you at every stage of your case. We know that charges for driving offences can affect your day-to-day life and potentially your job.
That’s why we will do everything we can to clear you of wrongdoing or minimise any action against you.

We’re committed to defending your legal rights and protecting your driving future, ensuring that you’re treated fairly throughout your case. When you need us most, we’ll be there to offer sound, sensible legal advice and sure guidance.

We're here for you.

Frequently asked questions.

What Is a Notice of Intended Prosecution?

If the police think that you have committed a driving offence, you will probably receive a Notice of Intended Prosecution, NIP for short.

It can either be given verbally by the police officer (if they stop you while you’re driving) or by post. You should receive the letter within two weeks of the alleged offence – otherwise, it may be invalid. NIP should contain information such as the details of the alleged offence, including the date, time, location and a short description of the offence.

Keep in mind that receiving NIP does not mean you’ll get prosecuted – it is more of a legal warning.

What Happens After I Receive NIP?

According to law, you have 28 days to complete NIP and return it, along with the Section 172 notice it came with, which requires you to identify who was driving the car when the offence was committed.

It’s crucial that you do it honestly, as trying to frame someone into committing a driving offence just to avoid getting points on your licence is a serious offence, which can even lead to you being sent to jail.

What Happens After NIP Has Been Returned?

Once NIP has been returned, the police have six months to initiate a prosecution – if they fail to do so, they won’t be able to bring any charges against you. Sometimes, they’ll decide against taking any further action. However, in most cases, you’ll either receive an FPN (Fixed Penalty Notice) or a Court Summons.

The Fixed Penalty Notice consists of a £100 fine and a driving endorsement of three penalty points on your licence. You can either accept it or refuse and defend yourself in court.

What Does Getting a Driving Endorsement Mean?

Getting a driving endorsement is nothing more than a legal term for receiving penalty points on your driving license for different offences. Depending on the offence you commit, a different number of points will be given. For instance, failing to comply with traffic light signals will give you a maximum of three penalty points, while driving an uninsured vehicle can cost you 6 points on licence.

What Are the Most Common Endorsement Offences?

Common driving endorsement offences and the points they incur, include:

OffencePoints
Undefined speed limit offence3-6
Failing to adhere to traffic light signals3
Driving otherwise than in accordance with a licence3 – 6
Exceeding goods vehicle speed limits3 – 6
Exceeding motorway speed limit3 – 6
Exceeding public road speed limit3 – 6
Exceeding speed limit for type of vehicle (excluding goods or passenger vehicles)3 – 6
Exceeding passenger vehicle speed limit3 – 6
Driving without due care and attention3 – 9 or disqualification
Failing to stop after an accident5 – 10
Failing to provide information about the identity of a driver6
Using an uninsured vehicle6 – 8 or disqualification
Driving/attempting to drive over the alcohol limitDisqualification for minimum 12 months unless “special reasons” when 3 – 11
Dangerous DrivingDisqualification for minimum of 12 months plus mandatory retest unless  “special reasons” when 3 – 11
Failing to supply a specimen for analysisDisqualification for minimum 12 months unless “special reasons” when 3 – 11

How Long Will an Endorsement Remain On My Licence?

The DVLA keeps a record of for 4 years from the date of conviction, but generally, most endorsements remain active for three years. If you are found guilty of a more serious offence, an endorsement is likely to stay on your licence for 10 years, but a record will be kept on your licence for 11 years from the date of conviction.

As a result of a driving endorsement, if you accumulate 12 or more penalty points within a three-year period, the Court will automatically disqualify you from driving for a minimum of six months (up to two years). You can avoid a disqualification if you can prove ‘exceptional hardship’ or some other special mitigating circumstance.

This disqualification, known as “totting up“, will show as TT99 endorsement on your licence.

Can I Check How Many Points I Have on My Licence?

The answer is yes, you can easily check how many points you have on your licence. In fact, checking it has never been easier. As with most things these days, you can do it online. Just click here – not only can you see your penalty points, but you can also check your driving record (e.g. how many vehicles you can drive), as well as create a licence’ check code’ valid for 21 days that you can use when you need to share your driving record with someone else, for instance, with the car hire company.

Can I Get Expired Endorsements Removed From My Licence?

To remove expired endorsements, you will need to apply for a replacement driving licence. Expired endorsements will be automatically removed when you apply to renew or update your driving licence for other reasons.

What Does a Driving Endorsement Mean For a New Driver?

For two years after passing your driving test, you are considered a new driver. During this period, special rules apply. If, within this period, you’ll acquire more than 6 points on your

licence (this is also including points you received prior to passing the test), then your licence will be revoked automatically.

Once that happens, and you want to regain your licence, you’ll need to reapply for a provisional licence, and you will be allowed to drive as a learner until you pass a further driving test.

How Can Points On My Licence Affect My Insurance?

Whenever you are issued with a penalty or a driving conviction, you need to notify your insurance company about it. It is important so that they can take it into account when deciding on your insurance quote. If you don’t do it, an insurance company can refuse to deal with a claim. Also, don’t wait until you have to renew your insurance to inform them – do it right after the conviction. If you fail to do so, you risk invalidating the policy.

A person with points on their licence can be seen as a bigger risk, meaning that their insurance quote will be higher than usual. There’s no such a thing as ‘one rule fits all’ – every client is analysed individually and is given a quoted price adequate to what the insurer finds.

In most cases, the insurance company will ask about driving convictions you have received in the past five years. Be honest about it because not sharing this kind of information is considered illegal.

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