Driving licence endorsements are
not always simple and straight forward. Always
ask a lawyer if you are unsure about any
of the advice and information provided here. It
is FREE and you can do so right now. Penalty
points run from Date orf Offence until Date of
offence therefore there is no point in delaying
proceedings in a vain attempt to beat the points
totting up provisions.
Driving licence endorsements, disqualifications,
convictions and acceptance of fixed penalties
payments in respect of driving offences are
notified to DVLA by the courts. The details are
entered on to the driver's record and the
licence returned to the driver to show penalty
points and date of conviction.
In Scotland you will not be
disqualified in your absences but penalty points
can be endorsed on your licence in your absence.
Therefore you can deal with certain road traffic
cases by letter and avoid the necessity of
attending court. The copy complaint or citation
that you receive can seem a little confusing as
it suggests, even in cases where
disqualification can be expected that you can
send in a letter pleading guilty. You can send
in the letter but where the court considers that
a personal appearance is necessary they will
defer sentence and write to you requiring your
attendance. If you have tendered a guilty plea
by letter and received a letter requesting your
attendance then you would be wise to consult
with a solicitor as it is likely that the court
wish to consider disqualification.
In addition to
paying a fine or a fixed penalty the drivers licence
will be endorsed with a penalty ranging from
3-11 points or a period of disqualification will
be imposed, depending on the seriousness of the
offence. Any driver who incurs 12 or more
penalty points within a 3-year period faces
automatic disqualification under the under
"totting -up" system. Clients often ask us to
consider delaying their case to wait for their
current penalty points to come off their
licence.
As far as "Totting up" goes
please note that the points on your licence run
from "offence date to offence date" therefore
there is no point in causing any delay. On the
contrary there are often many good reasons to
deal with a case promptly wherever possible.
Information on a driver's
entitlement and endorsements are sent to courts
and police on request. We have a full list of
the
penalty points that apply in Scotland
Endorsements
must remain on a licence for 11 years from date
of conviction if the offence is : They are
relevant to the court disposal for 10 years eg
If convicted of a second drink drive offence
within 10 years of the first then court MUST
impose a ban lasting AT LEAST 3 years.
-
drinking/drugs and driving (shown
on the licence as
DR10, DR20, DR30
and DR80).
-
causing death by careless
driving whilst under the influence of
drink/drugs (shown on the licence as
CD40,CD50
and CD60).
-
causing death by careless
driving, then failing to provide a specimen
for analysis (shown on the licence as
CD70).
or 4 years from date of
conviction if the offence is as listed below :
-
reckless/dangerous driving
(shown on the licence as
DD40,DD60
and DD80),
-
offences resulting in
disqualification.
-
disqualified
from holding a full licence until a driving
test has been passed.
or 4 years
from the date of offence in all other cases
however as far as "Totting up" procedures go the
relevant period is 3 years from date of offence
to date of offence.