Points on driving license

[Meg888]

If you have been banned from driving (28 days) through "totting up", when your license is returned is it now considered "clean"? This happened to my partner, but it now shows no points at all, just a brief wording of the suspension and 28 day ban??

[New Judge]

If a driver is disqualified under the �totting up� procedure (i.e. 12 points within three years) all points accumulated prior to the disqualification are removed.

However, what concerns me about your question is that you say your partner was disqualified for only 28 days. The minimum disqualification period for totting is 6 months. Magistrates have the discretion to avoid imposing a ban under these circumstances if they can be convinced that �exceptional hardship� will fall upon the driver or others. However, if this argument is successful they usually impose no ban at all, not a shorter one. This is because the test for �exceptional hardship� is quite strict and if it can be shown that a six month ban will lead to such hardship, usually the same hardship will follow if a shorter ban is imposed.

You should check that the latest offence (which you believe led to the �totting� ban) was not dealt with by way of a disqualification for that single offence alone. If this is the case, the points that existed prior to this offence still stand. It is not unknown for the DVLA to get things wrong. If they have removed the points erroneously they will still stand and this will come to light if and when your partner is convicted of any further offences.

[Meg888]

Hi Judge, to update you; My partner was driving his fathers vehicle after his father assured him it he was insured to drive. We last saw the documents in Jan'07 when we taxed it, however, although we handed the cash to his dad (as it came out of his bank, was his vehicle & his insurance was cheaper) he did not keep up the payments on it & it lapsed unbeknown to us, (of course his dad aka walter mitty denied any wrongdoing). In March the van was seized & we paid to get it back & re-insured it. My partner already had 6 pts; went to magistrate court 3 times, pleading guilty, but appealing for exceptional hardship, to have it adjourned time & again. Eventually magistrates imposed a 6 Mth ban; we appealed, so the ban was Suspended until it went to crown court where once again we pleaded exceptional hardship (my partner is self employed & a van is an abs must for work, he is main breadwinner & also his mum is v poorly and lives 20+ from us & he is the only child - takes her to appts, and we do all shopping etc). In view of this they took sympathy on us but had to reflect the seriousness of lack of ins, therefore imposed a 28 day ban & no costs. Sorry for waffling on, just wanted you to be clear that we are not the usual ins dodgers or anything like that. TIA

[New Judge]

You�ll find, Meg, that I try not to criticise or pass judgement on AB. NORMANTHEDOG and one or two others do enough of that for everybody! I try to simply answer the questions that people pose and I only do that when I'm reasonably sure of my facts. (I try not to guess, but if I do I make it clear).

Thanks for the additional info. From what you say, it seems the Crown Court reduced the �totting� disqualification on hardship grounds. If that is the case, then all previous points will, as you have noticed, be removed.

[NORMANTHEDOG]

no judge,you usually get things wrong with your posts as proved before now.

[Meg888]

Thanks Judge, much appreciated.

I had noticed NTD seems to be wherever you are answering questions - is that not stalking?!!

[NORMANTHEDOG]

yes,i allways stalk the judge

[New Judge]

Show me some I've got completely wrong, Norman. I'm always keen to learn from my mistakes!