Features
Points Removal
If you get 12 penalty points (or more) in 3 years then you can expect a court appearance and a driving ban for at lest 6 months. Not everyone with 12 points is disqualified. You can avoid a ban you can prove that losing you licence will you, or someone else, to suffer exceptional hardship
If you at risk of a ban for 12 penalty points or more then I can help.
Definition of exceptional hardship
This is the meaning of an exceptional hardship case.
- A driver is convicted at court of an offence involving endorsement of penalty points on their licence.
- The total number of points to be taken into account numbers 12 or more.
- The number of points to be taken into account are the points for the new offence and any other points that are endorsed on the licence. (Points for offences committed more than three years before the new offence are disrearded.)
- The court must normally impose a minimum disqualification from driving for six months.
- The driver proves to the court that the disqualiifcation will cause exceptional hardship to them or to another person.
- The court has a discretion not to disqualify at all or to disqualify for a shorter period.
What kind of things can be exceptional hardship?
I have dealt with cases where magistrates have accepted all of these things as exceptional hardship:
- Losing a job (but not on it’s own)
- Not being able to support a family
- Losing a house though financial difficulty
- Being unable to find employment without a car
- Having to made employees redundant because a business will suffer
- A business failing because a key person can not drive
- Not being able to take friends/relatives to hospital
- Not being able to drive for a relative who can’t drive because of their health
- Not being available to go to a relative who is ill in an emergency
- Not being able to take children to sporting events
A word of warning. Courts will quite often say that losing your job alone is not enough to find exceptional hardship. You will usually need to prove more than that.
Sentencing guidelines
The Sentencing Council has published guidelines about what can be exceptional hardship:
- Almost every disqualification entails hardship for the person disqualified and their immediate family. This is part of the deterrent objective of the provisions combined with the preventative effect of the order not to drive.
- Loss of employment will be an inevitable consequence of a driving ban for many people. Evidence that loss of employment would follow from disqualification is not in itself sufficient to demonstrate exceptional hardship; whether or not it does will depend on the circumstances of the offender and the consequences of that loss of employment on the offender and/or others.
You can see the full guideline at the Sentencing Council website.
The rules about totting – 12 penalty points
Lawyers call the penalty points system the “totting rules” or “totting up system”. Here are the basics. Individual cases are sometimes more complicated.
- Penalty points stay active for 3 years from the date that the driver committed the traffic offence.
- A totting disqualification is calculated from the day that the driver committed the last traffic offence.
- If there are 12 penalty points or more the driver must be banned for a minimum of 6 months. (Sometimes longer if the driver has been banned before.)
- If the driver proves that they (or someone else) will suffer exceptional hardship they do not have to be banned.
- Drivers cannot use the same reasons for exceptional hardship again for 3 years.
- A court appearance always takes place. The driver usually has to give evidence.
No exceptional hardship for drink driving
A driver cannot claim exceptional hardship for drink driving or any other offence that involves obligatory disqualification from driving. Exceptional hardship is only available in cases where the driver reaches 12 penalty points.
There are a few very rare occasions when penalty points can be imposed for drink driving. Exceptional hardship could be relevant in those cases.
Drink Driving
I am a specialist drink driving Remover. I know that being accused of driving with excess alcohol can difficult to cope with. Drivers with alcohol readings above 35μg/100ml of breath, 80mg/100ml of blood or 108mg/100ml or urine can find themselves before the Magistrates’ Court. A minimum driving disqualification of 12 months can be extremely challenging to cope with.
If the police have accused you of driving with excess alcohol and you want to challenge the case against you, I can help. Are you worried about a court appearance for driving with excess alcohol? I can help with that too.
How I Defend Driving with Excess Alcohol Cases
- Advising whether to answer questions in a police interview
- Do the prosecution have enough evidence to prove their case?
- Is there evidence to show that the accused was driving or attempting to drive?
- Are there any errors in procedure by the prosecution?
- Have the police followed the correct procedure in taking the sample of blood, breath or urine?
- Has the sample of blood, breath or urine been tested properly either by the machine or by the analysts in the laboratory?
- Should the case be dealt with by a guilty plea to being over the limit whilst in charge of a vehicle meaning that the mandatory 12 month driving disqualification can be avoided?
- Are there any special reasons to avoid the minimum 12 month driving ban?
- Is there any mitigation to keep the penalty that the magistrates impose down to a minimum?
Drink Driving – Frequently Asked Questions
Also Known As
- Drunk driving
- Drink driving
- Driving with excess alcohol
- Driving whilst drunk
- Driving over the prescribed limit (driving OPL)
- Driving under the influence (DUI) – an American term rarely used in England and Wales
Not to Be Confused With
- Driving whilst under the influence of alcohol or drugs
Penalties for Driving with Excess Alcohol
The magistrates’ court will impose:
- Unlimited fine, a community order or imprisonment of up to 6 months
- A mandatory driving disqualification of at least 12 months (36 months for the second offence in 10 years)
The length of the driving disqualification can be reduced by ¼ if the magistrates offer a drink driver rehabilitation course.
Sentencing Guidelines
When a magistrates’ court sentences someone for driving with excess alcohol for the first time they use these guidelines.
| Level of alcohol | Starting point | Range | Disqualification | ||
|---|---|---|---|---|---|
| Breath (μg) | Blood (ml) | Urine (ml) | |||
| 36 – 59 | 81 – 137 | 108 – 183 | Band C fine | Band B fine to Band C fine | 12 – 16 months |
| 60 – 89 | 138 – 206 | 184 – 274 | Band C fine | Band C fine to low level community order | 17 – 22 months |
| 90 – 119 | 207 – 275 | 275 – 366 | Medium level community order | Low level community order to high level community order | 23 – 28 months |
| 120 – 150 and above | 276 – 345 and above | 367 – 459 and above | 12 weeks’ custody | High level community order to 26 weeks’ custody | 29 – 36 months |
Failling To Provide Driving Datails
The police send out thousands of “requirement to provide driver details” letters every day. These letters are sometimes called s.172 notices or (wrongly) notices of intended prosecution (NIPs). They send the notifications for speeding, failing to stop after an accident, careless driving and a whole list of driving offences. Many people are shocked to find out that they will get an automatic six penalty points for failing to provide driver details even if the original allegation was for a minor speeding offence.
If the police have accused you of failing to provide driver details and you want to challenge the case against you, I may be able to help. Are you worried about a driving ban for failing to provide driver details? I can help with that too.
Things I Look Out For in a Failing to Provide Driver Details Case
- Errors in the notice of intended prosecution (NIP)
- Errors in the requirement to provide driver details (s.172 notice)
- Can the prosecution prove that they sent the notice to you
- Did the accused person ever receive the notice
- Was the accused given enough time to respond to the requirement to provide driver details
- Errors in procedure by the police
- Errors in the process by the prosecution
Also Known As
- Failing to furnish driver details
- Not providing driver details
- Not responding to s.172 notice
Do Not Confuse With
- Speeding
- Any other driving offence
Watch out for this. Lots of people think that they have been accused of speeding when in fact they have been charged with failing to provide driver details.
Penalties for Failing to Provide Driver Details
The maximum sentence for failing to provide driver details is:
- £1,000
- Six penalty points or disqualification from driving
The police can impose a fixed penalty for failing to provide driver details of 6 penalty points and £200.00.
Sentencing Guidelines
When a magistrates’ court sentences someone for failing to provide driver details, they use these guidelines.
- Band C fine (usually 150% of the accused’s weekly income)
- Six penalty points
Crown Court or Magistrates’ Court?
Failing to provide driver details trials and guilty pleas are always in the Magistrates’ Court. Appeals are in the Crown Court.
Careless or Inconsiderate Driving
Have you been accused of careless or inconsiderate driving? Whatsapp 07469950297 for free initial advice and help from a specialist solicitor.
Also known as
- Careless driving
- Inconsiderate driving
- Driving without due care and attention
Not to be confused with
- Dangerous driving – a much more serious offence
- Reckless driving – an old offence that no longer exists
Penalties for careless or inconsiderate driving
The police can offer a driver improvement course as an alternative to a fixed penalty or prosecution. See our guidance on driver improvement courses.
The police can offer a fixed penalty of 3 points and £100. See my guidance on fixed penalties.
The magistrates’ court will impose a maximum sentence of up to:
- An unlimited fine and
- 3-9 penalty points or an unlimited driving disqualification
Sentencing guidelines
Factors indicating higher culpability
- Excessive speed or aggressive driving
- Carrying out other tasks while driving
- Vehicle used for the carriage of heavy goods or for the carriage of passengers for reward
- Tiredness or driving whilst unwell
- Driving contrary to medical advice (including written advice from the drug manufacturer not to drive when taking any medicine)
Factors indicating lower culpability
- All other cases
Factors indicating greater harm
- Injury to others
- Damage to other vehicles or property
- High level of traffic or pedestrians in vicinity
Factors indicating lesser harm
- All other cases
| Level of seriousness | Starting point | Range | Disqualification/points |
|---|---|---|---|
| Higher culpability AND greater harm | Band C fine | Band C fine | Consider disqualification OR 7 – 9 points |
| Higher culpability and lesser harm OR lower culpability and greater harm | Band B fine | Band B fine | 5 – 6 points |
| Lower culpability AND lesser harm | Band A fine | Band A fine | 5 – 6 points |
Where will the case be heard?
Cases of careless or inconsiderate driving are heard in the magistrates’ court. They cannot be dealt with by a Crown Court unless the case goes to appeal.
Points to prove
To prove a case of careless or inconsiderate driving against a driver the police or the prosecutor have to prove all of the following things. If they can’t prove all of them then the driver is not guilty.
- The accused was driving a vehicle
- The accused was driving on a road or a public place
- The standard of driving was below that of a reasonable competent driver
How I defend driving without due care and attention
Every case is different but here are some of the ways I defend cases.
Police investigation
- Assessing the evidence
- Advising whether to attend a police interview
- Persuading the police not to charge
- Negotiating for a driver improvement course or a fixed penalty
Court case
- Do the prosecution have enough evidence to prove their case?
- Should the witnesses by cross-examined to test their evidence?
- Is it in the public interest to prosecute?
- Could the case be dealt with by a different charge such as speeding or failing to observe a traffic signal?
Speeding
Speeding is the most common of all driving offences. The police offer most people a fixed penalty for three points and a fine for speeding. If the police have accused you of speeding and you want to challenge the case against you, I may be able to help. Are you worried about a driving ban for speeding? I can help with that too.
Things I Look Out For in a Speeding Case
- Errors in the notice of intended prosecution (NIP)
- Errors in the requirement to provide driver details (s.172 notice)
- Is there any evidence that the accused was driving?
- Can the prosecution prove what the speed limit was?
- Can the prosecution prove the driver’s speed?
- Lack of calibration of the speed detection device
- Errors in the use of the speed detection device
- Errors in procedure by the police
- Errors in the process by the prosecution
Also Known As
- Driving with excess speed
- Exceeding the speed limit
Do Not Confuse With
Penalties for Speeding
The maximum sentence is:
- £1,000 fine on a normal road
- £2,500.00 on a motorway
- 3-6 penalty points
- Disqualification from driving
The police can impose a fixed penalty for speeding of 3 penalty points and £100.00.
The police can offer a driver education course for speeding.
Sentencing Guidelines
When a magistrates’ court sentences for excess speed they use these guidelines.
| Speed Limit (mph) | Recorded speed (mph) | ||
|---|---|---|---|
| 20 | 21-30 | 31-40 | 41-and above |
| 30 | 31-40 | 41-50 | 51-and above |
| 40 | 41-55 | 56-65 | 66-and above |
| 50 | 51-65 | 66-75 | 76-and above |
| 60 | 61-80 | 81-90 | 91-and above |
| 70 | 71-90 | 91-100 | 101-and above |
| Sentencing Range | Band A fine | Band B fine | Band C fine |
| Points/Disqualification | 3 points | Disqualify 7-28 days OR 4-6 points | Disqualify 7-56 days OR 6 points |