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Speeding

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girlygirl | 19:37 Wed 11th Oct 2006 | Law
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How many times can you be caught speeding before losing your licence? (If you have only just passed your test)

Also,

How many points do you get if you are caught speeding?
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Speeding offences normally result in 3 penalty points on your licence. (That assumes that it's a relatively minor offence which can be dealt with under the fixed penalty scheme. More serious speeding offences can result in a court apearance and a higher number of penaly points). Points continue to count for 'totting up' purposes for 3 years but you can't get them taken off your licence for 4 years.

For 'experienced' drivers (who've held a licence for more than two years), an offence which would bring the total number of points to 12 (or more) means a court appearance which, in almost every case, results in a driving ban.

For 'new' drivers (who've held a licence for less than two years), a total of 6 (or more) points results in the licence being revoked. This is an automatic procedure and there is no right to appeal. (Obviously, you can appeal against the the individual convictions if, for example, you believe that a speed camera was faulty but once you've acquired 6 points you can't contest the revocation of your licence). This is not the same as a ban (and doesn't involve a court appearance). It simply puts you 'back to square one' in the driver education process. (i.e. you can immediately apply for a provisional licence in order to practice for another driving test). It will probably also send your insurance premium sky high.

Chris
what about "special reasons" Chris? Magistrates do have the power not to ban if they find special reasons not to. Probably need a solicitor to plead the case though
�Special Reasons� are used to argue that the court should not award the usual points (or disqualification if appropriate) for a single offence. The argument must concentrate on the offence itself, not the offender.

Magistrates gave the power to avoid handing down the mandatory six month disqualification for �totting� (i.e. amassing 12 points within 3 years) for drivers with more than 2 years� full licence experience. The defendant who is due for such a disqualification has to successfully argue that �exceptional hardship� would follow if he were to be banned. Such hardship has to be extraordinary and the usual argument of loss of employment will not normally succeed. This argument is based on the circumstances of the offender and not of the offence(s) which attracted the penalty points. The same argument cannot be used more than once in three years.

Yes, Annlinda, it is usually adviseable to engage a solicitor to improve the chances of success in either of these circumstances.

Where the magistrates have no discretion, as Chris has correctly pointed out is with the matter of revocation of a �new� driver�s licence when six or more points have been gained within two years of passing their first test. This revocation is carried out by the DVLA upon receipt of the information that six points have been gained. There is no right of appeal against this action.
If you have a full uk licence - ie you have held it for over 2 years you are allowed 12 points on your licence. Anything over that will result in a driving ban until the poins 'drop off' (three years) If you are in your probationary period (you have had your licence for under 2 years your can have 6 points (over this you get a ban until you re pass your test)
A speeding offence is usually 3 points and a �60 fine.

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