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NEW DRIVER MOTORING OFFENCES

At Caddick Davies Solicitors we have successfully defended and avoided the driving licence revocation of many new drivers, who have found themselves facing revocation owing to their accumulation of 6 or more penalty points.

Under the New Driver Provisions, a person is a new driver until two years have passed since they passed a relevant driving test, whether it be a full car or full motorcycle test and if during that time 6 or more points are accumulated the DVLA will revoke the driving licence.

If you accumulate 6 or more points during these first two years, your licence will be revoked by the DVLA.

If you are a new driver and find yourself at risk of having your driving licence revoked, please contact us for advice and a no obligation consultation on how we can help you.

Below you will find helpful information on New Driver Law, How We Can Help and Commonly Asked Questions.

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NEW DRIVER RULES

Under the Road Traffic (New Drivers) Act 1995, newly qualified drivers are subject to a 2 year probationary period from the date on which they qualify for a full driving licence (entitlement).

If within this 2 year period the driver accumulates 6 or more penalty points, then their licence will be revoked by the DVLA.

The effect of this revocation is to remove the persons drivers entitlement to drive and to make it as if they did not have a driving licence.

In order for a person to then drive again they are required to apply to the DVLA for a provisional driving licence and then to successfully complete the theory and practical driving tests.

If you are a new driver and find yourself at risk of having your driving licence revoked, please contact us for advice and a no obligation consultation on how we can help you.

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HOW WE CAN HELP

At Caddick Davies Solicitors we specialise in the representation of new drivers who find themselves facing the revocation of their driving licence owing to their accumulation of 6 or more penalty points.

Over the years we have successfully represented many new drivers, using our expertise and experience to avoid their revocation.

If you are a new driver and find yourself facing the revocation of your licence owing to your accumulation of 6 or more penalty points, please contact us for advice and a no-obligation consultation on how we can help you.

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Commonly Asked Questions About the New Driver Rules

Revocation of your license as a new driver simply means that your license is revoked and you cannot drive until you have re-applied for your provisional licence and thereafter, you will not be entitled to a full driving license until you have re-taken your theory test and passed your full driving test.

If you drive whilst your license is revoked you will commit a further offence of driving otherwise than in accordance with a license which in itself attracts a fine and 3-6 penalty points.

This should be distinguished from a disqualification, where you are disqualified from driving on any road or other public place.

If you are a new driver and find yourself at risk of having your driving licence revoked, please contact us for advice and a no obligation consultation on how we can help you.

If your licence is revoked under the new driver provisions this means that your full entitlement to drive has been removed. This does not prevent you from applying for a provisional driving licence and taking your theory and practical tests. As soon as you have passed your theory and practical driving tests your full licence will be returned.

If you are disqualified from driving, this means that you are disqualified from driving or holding a driving licence for the period of the disqualification (or in some cases until an extended re-test is passed). If you drive during the period of disqualification it is a very serious offence for which you may receive a sentence of imprisonment.

If you are a new driver and find yourself at risk of having your driving licence revoked, please contact us for advice and a no obligation consultation on how we can help you.

If your driving licence is revoked this means that your entitlement to drive is removed.

If you drive after the revocation of your licence you will be committing the offence of “driving otherwise than in accordance with a licence”, effectively with no licence.

Before driving again you will be required to apply for a provisional licence and then to successfully complete both the theory and practical driving tests.

If you are a new driver and find yourself at risk of having your driving licence revoked, please contact us for advice and a no obligation consultation on how we can help you.

The application of the New Driver Rules is strict and if as a result of a conviction the court endorses penalty points on your licence giving you 6 or more in total (within 3 years) then your licence will be revoked by the DVLA.

The only way to avoid revocation in such cases is to either:

(a) avoid the endorsement of the penalty points by pleading not guilty and being acquitted of the offence;
(b) asking the court to make a finding of “special reasons” in connection with the circumstances of the offence such that they do not endorse penalty points; or
(c) asking the court to impose a short period of discretionary disqualification (e.g. 1-2 weeks) in the alternative to the endorsement of penalty points.

If you find you are a new driver and find yourself facing the revocation of your licence, please contact us for advice and a no obligation consultation on how we can help you.

If you accumulate 6 points in the first two years, the court has no discretion to exercise leniency. It is not the court that disqualifies you, it is the DVLA who do this administratively once they have been notified of the points.

As a new driver the only way to avoid revocation if you have committed an offence which will take you to 6 or more points, is to either:

• Defend the allegation against you so that you do not receive the points;

• Persuade the court not to impose any penalty points owing to the circumstances of the offence on the grounds of “special reasons”; or

•Persuade the court to impose a short period of discretionary disqualification in the alternative to points.

We have successfully avoided the revocation of many new drivers licences using the above techniques and therefore if you find yourself facing the revocation of your driving licence, please contact us for advice and a no obligation consultation on how we can help.

If you believe that you are at risk of your licence being revoked as a new driver, please contact us to discuss these matters further and how we may be able to help avoid the revocation of your driving licence.

Yes, if accepting the Fixed Penalty Notice will mean that you have accumulated 6 or more penalty points within your first 2 years of driving (including all points on your licence within the past 3 years).

If you are a new driver and you have received a Fixed Penalty Notice, please contact us to for advice and a no obligation consultation on how we can help you.

Yes.

If you accept a Fixed Penalty Notice endorsing 6 penalty points this will result in the revocation of your driving licence.

After accepting the Fixed Penalty Notice you will receive notification from the DVLA that your licence has been revoked.

Before accepting any Fixed Penalty Notice please contact us for advice and a no obligation consultation on how we can help you.

Yes.

People are often shocked at this answer believing that the 6 points referred to within your first two years as a new driver, is only relevant to points accumulated after you passed your test. Unfortunately this is not the case and if you accumulate 6 points in any way within your first two years of driving your licence will be revoked.

If you are a new driver and find yourself at risk of having your driving licence revoked, please contact us for advice and a no obligation consultation on how we can help you.

Yes.

Unfortunately, the law does not take into account the number of years that a person has been driving in total, but only considers how long a person has held a full UK driving licence or entitlement.

This can seem somewhat unfair, however it is possible in some cases to persuade a court to exercise its discretion and to impose a short period of discretionary disqualification (e.g. 7 or 24 days) in the alternative to endorsement of penalty points and revocation.

If you are a new driver and find yourself at risk of having your driving licence revoked, please contact us for advice and a no obligation consultation on how we can help you.

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