Points On License

[nailit]

My sons mate was in court a few days ago charged with drink driving, no M.O.T, no insurance and driving with only a provisional license.
Found out today that in court he received fines, costs, a driving ban, unpaid work order and a 20 day alcohol treatment order but no points on his license.
I know that points stay on your license for either 4 or 11 years
https://www.gov.uk/penalty-points-endorsements/how-long-endorsements-stay-on-your-driving-licence
but his ban was for 2 years. So he can legally drive with no points on his license after this time.
I was under the impression that points were automatic with offences of this kind or was it an oversight on the part of the magistrates?
(or am I wrong?)

[sapelesam]

I believe the drink drive code will remain on his licence for 11 years. Equivalent to 12 points. I think?

[nailit]

If that was the case sam, then that would be the equivalent to an 11 year ban? (if its equivalent to 12 points) ??

[EDDIE51]

He will have to declare the ban and the conviction on any insurance he takes out once he has passed his test, which of course he can't do until after the ban is up. You get a ban if you get 12 points, so he has gone straight to a ban without getting 12 points under the totting up procedure. A ban wipes out the points so the magistrate is correct.
It is going to cost an arm and a leg to get insurance with a record like that anyway.

[nailit]

Thanks EDDIE
//You get a ban if you get 12 points, so he has gone straight to a ban without getting 12 points under the totting up procedure.//This is what I dont get though. He has got a 2 year ban but points stay on your license for a minimum of 4 years. And he hasnt got any points. Everyone else I know who has been done for drink driving has had endorsements.

[sapelesam]

I didn't word it very well. A ban clears all point, so none are added, no point. The disqualification code stays on for a total, I think of 11 years from conviction. A magistrate in case of future offences can consider it as, I think as either 10 or 12 points, but he can drive after the ban.

[EDDIE51]

I speak from personal experience, the D/D code will stay on his licence for 10 years after the ban has ended but there are no points.
Yes, I got a ban for being 1 unit over the limit , 36 instead of 35. Even the copper who booked me said I was the least over the limit he had ever had to book. Before the ban I had no points and after there were still no points but there was a D/D code on my licence.

[nailit]

Ah OK EDDIE, got it now, thanks for clarifying, and thanks sam as well, appriciate it.

[sapelesam]

Eddie, now you would get the option of a blood sample, by the time they find someone to take it, you should be under.

[nailit]

^^someone knows the tricks of the trade lol ;-)

[sapelesam]

Eddie, may I ask how long ago you were convicted. Currently if you blow 50 or under, you can ask for blood or urine to be tested.

[sapelesam]

When I was breathalysed 35 years ago, I failed the coloured crystal test at the roadside, blew double at the police station. Had compulsory blood taken and 6 weeks later told I would not face charges. I had taken my sample to an authorised lab, returned a result of less than half the limit. Greatest escape of my life.

[nailit]

Sam, how long as this been an option? Ive seen police programmes where if the arrested person refuses to blow into the machine at the police station then he is further charged with refusing to give a breath sample...no mention of blood/urine samples?

[EDDIE51]

I did ask for a blood sample. I was sure the doctor would be at least 1/2 an hour by which time I would be well under the limit. But b***ger me, the doc was there in less than 4 minutes.( I think he must have been waiting in the car park) I had the option to send the blood sample for an independent test as it was so close to the limit but as it cost £120 back in 1991, I could not afford it. I had to get a new licence after 10 years so as to have one that did not show even an expired ban code.

[sapelesam]

The police officer told me to get it tested. Maybe he knew something I didn't. Glad I did as the formal letter didn't mention result, just no charges.

[nailit]

^*** law EDDIE :-(

[sapelesam]

Years ago I believe blood or urine testing was compulsory, I can't find out when it changed. I presume when they brought in the Lion Intoximeter. Any way, now 50 or below and you have to be offered blood test.

[nailit]

OK, Cheers sam, appreciate the info...

[sapelesam]

https://www.drinkdriving.org/police_breath_alcohol_test_evidential.php
Check out this link. Blow 36 to 40, do not charge unless so serious a countback is required.

[EDDIE51]

^ I am sure I would have got off if I had the cash to pay for the private blood test but I didn't so I just had to take the ban.

[nailit]

//I am sure I would have got off if I had the cash to pay for the private blood test but I didn't so I just had to take the ban.//
I don't want to derail my own thread EDDIE, but cant help but agree with you. It all comes down to cash. A few years ago, if I had the cash, I could have had a decent barrister to represent me at my trial and prove my innocence and show the police for the liars that they were. Instead I had to make do with an appointed 'legal aid' muppet.
No wonder Mr Loophole (Nick Freeman) makes so much money.