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.
