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Points on licence
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My son was banned from driving for 12 months two and a half years ago for being over the legal alcohol limit. He has now got a new car and wants to insure it, although he has yet to reapply for his new licence. My question is, how many points would he have aquired on his licence? I say once you have got bannned you have 12 points on, but he say zero, as his ban wiped any point out. Confused? You bet!!!
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For more on marking an answer as the "Best Answer", please visit our FAQ.I think the rule is that if you get all 12 in one go, ie a ban for DUL of alcahol or drugs, then the points stay on your license for ten years, afterwhich you can apply for a new licence and the points will have been removed. 'Lesser' points, ie for minor speeding offences, expire after three years so can be removed then.
The drink offence stays on his licence for 11 years. Lesser offences for 4 years. See here http://www.dvla.gov.uk/drivers/endorsem.htm
For all motoring offences which carry an endorsement magistrates have the option of awarding penalty points or a disqualification. If they award a disqualification then no penalty points are added to the licence.
So, for example, you could have nine points and commit a speeding offence. The justices can either (a) award more points (the minimum is three) or (b) disqualify you for the latest offence alone.
If they award points you become a “totter” (assuming all the offences were committed within three years) because you have twelve points. This makes you subject to a mandatory minimum disqualification of six months. This disqualification is for “totting” and not for any individual offence.
If they award a disqualification, then your licence will retain the nine points it had when it is returned to you.
Some offences (such as drink-driving and dangerous driving) carry a mandatory disqualification. This will be imposed (as in your son’s case) and will have no bearing on “points” at all.
In short, for any single offence magistrates either award points or a disqualification – not both.
Nonetheless, because he has no points, this does not mean that your son has a “clean” licence. As has been said, the drink-driving offence will remain on his licence for eleven years and must be disclosed to his potential insurers. A second drink-driving offence within ten years of the first will lead to a mandatory minimum disqualification of three years - and a considerably greater fine or possibly a community penalty or even imprisonment (depending on the level of alcohol).
One further point possibly worth a mention is that if a driver accumulates six points on his licence within two years of passing his test he reverts to provisional licence status and has to retake his test entirely (including the theoretical test). <
So, for example, you could have nine points and commit a speeding offence. The justices can either (a) award more points (the minimum is three) or (b) disqualify you for the latest offence alone.
If they award points you become a “totter” (assuming all the offences were committed within three years) because you have twelve points. This makes you subject to a mandatory minimum disqualification of six months. This disqualification is for “totting” and not for any individual offence.
If they award a disqualification, then your licence will retain the nine points it had when it is returned to you.
Some offences (such as drink-driving and dangerous driving) carry a mandatory disqualification. This will be imposed (as in your son’s case) and will have no bearing on “points” at all.
In short, for any single offence magistrates either award points or a disqualification – not both.
Nonetheless, because he has no points, this does not mean that your son has a “clean” licence. As has been said, the drink-driving offence will remain on his licence for eleven years and must be disclosed to his potential insurers. A second drink-driving offence within ten years of the first will lead to a mandatory minimum disqualification of three years - and a considerably greater fine or possibly a community penalty or even imprisonment (depending on the level of alcohol).
One further point possibly worth a mention is that if a driver accumulates six points on his licence within two years of passing his test he reverts to provisional licence status and has to retake his test entirely (including the theoretical test). <