Many of us when faced with a motoring offence prosecution can only wonder what negative impacts the penalty imposed is going to have on our personal lives, work life and our relationships. The growing importance of being mobile to get to meetings and social engagements are more prevalent than ever. What implications would the loss of your licence mean for you? Would you be able to meet deadlines, visit family or enjoy your social life like you currently can?
How might I be disqualified?
There are a few ways that a motorist can be disqualified. Some of the most common are:
(a) A Mandatory Disqualification
This type of disqualification is common in cases of drug driving, drink driving, or failing to provide a specimen with a minimum mandatory ban of 12 months for first time offenders.
Offences such as dangerous driving also carry a mandatory minimum 12 month disqualification but with an extended retest once the ban is over.
(b) A Discretionary Disqualification
This form of disqualification is more likely to occur in cases like speeding (where aggravating factors may increase your culpability) although a discretionary disqualification can apply to any endorseable (penalty points are applicable) offence.
(c) A Disqualification through the Totting – Up process
When your licence has 12 or more points endorsed on it within a three year period. The starting point is a 6 months ban but this can be longer if you have been banned for 56 days or more within the preceding 3 years.
The Road Traffic Offenders Act 1988: What does it say?
If the road offence that you committed involves a mandatory disqualification, the minimum period you will be looking at would be twelve months. Unless you plan to defend the case, the only way to avoid a mandatory disqualification is to argue ‘Special reasons.’ This may either significantly reduce your disqualification period or convince the Court to impose penalty points instead of a ban.
With regards to a discretionary disqualification, the Court can decide the appropriate amount of time to disqualify you depending on the circumstances of the offence including any mitigating or aggravating factors.
Alternatively, if you are facing disqualification through totting up, you are looking at a disqualification period starting at six months unless the court accepts that this length of ban would cause you or others exceptional hardship.
What can I do to reduce my period of disqualification?
It depends what type of offence you have been convicted of.
With drink driving offences the court can offer a drink drive rehabilitation course which if an offender agrees to go on the court can reduce the period of a disqualification by 25% once the course is completed.
You may also apply for the early return of your licence midway through your penalty by making an application to the court. There are certain timeframes applicable to this.
Totting-Up Ban
This is the most common way that you may find yourself facing a disqualification.
‘Totters’ acquire penalty points on their licence for numerous offences, be it speeding, running a red light or using mobile devices behind the wheel. It can be a stressful time if you are close to the twelve points limit when the totting up ban would be imposed.
Also, contained in the Road Traffic Offenders Act 1988, is the ability for Courts to accept mitigating reasons known as exceptional hardship in order to reduce the length of the ban or avoid disqualification altogether. We have saved the licence of many motorists with well in excess of 12 points by raising these arguments.
New Drivers (Driving for less than two years)
New drivers have more reason to be concerned by penalty points than a ban. If they acquire six points or more within two years of passing their driving test, they face the revocation of their licence.
Revocation is not the same as Disqualification. It involves the withdrawal of a motorist’s licence with no end date by when they can drive again. On the plus side, you can immediately apply for a provisional licence and take your test the same day that your licence is revoked. The down side is we are yet to come across many new drivers who relish the prospect of taking their driving test all over again!
Call Us Now Free on 0800 1389 123
Call Geoffrey Miller Solicitors 24 hours 7 days a week
Geoffrey Miller Solicitors are specialists defending drivers nationwide for all types of driving offences. Call our team of expert driving offence solicitors for some free initial advice.
You can also book an appointment with Jeanette Miller a.k.a. Miss Justice using our online booking system. If Jeanette is unavailable for your preferred date and time you can book an appointment with a member of our legal team. Please have as much information about your enquiry before the call e.g. Date of Hearing, Paperwork etc.
52 Comments
-
Jamie
on September 24, 2020What happens if you get disqualified whilst having a revoke licence? Do you still need to take your test again after the disqualification time is servers
-
Jeanette Miller
on September 24, 2020Hi Jamie,
Disqualification and revocation of your licence are two separate issues.
If you receive a disqualification period of more than 56 days from driving, the DVLA will write to you prior to the end of your disqualification period informing you, you can reapply for a new licence. Should you drive while you are disqualified, you could be charged with an offence of driving while when disqualified.
If you receive a revocation of your licence, this withdraws your licence with no end date by when you can drive. This would require you to apply for a provisional licence and retake your driving test. Should you drive following the revocation of your licence, you could be charged with an offence of driving without a valid licence.
Should you require any further assistance or clarification, please feel free to contact our office and speak one of our solicitors.
Kind Regards,
Geoffrey Miller Solicitors -
Michal Tucker
on December 24, 2020Had licence revoked. Redone test and passed. When I sent in for licence received notices of being disqualified. For offence I attended class to avoid points. They said I didn’t notify themail. But they issued me a provisional allowed me take test. Had months to notify me. I never received and thing.
-
Jeanette Miller
on January 4, 2021Dear Michael,
Thank you for your enquiry.
We recommend that you contact our office on 0161 274 5580 and talk to a member of our legal team who will be able to take the finer details of your enquiry and advise you on what options you have/how we will be able to assist you.
Kind regards,
The Geoffrey Miller Team -
Dave
on December 28, 2020Hi I passed my test less then 2 years ago but already had 6 points on my provisional i got stopped in March this year and on the 16th of dec i was disqualified for 6 months with no extra points given just a fine does that mean i can just carry on driving after 6 months ?
-
Jeanette Miller
on January 4, 2021Hi Dave,
Thank you for your enquiry.
You can check your driving licence status and history by visiting: https://www.gov.uk/view-driving-licence and entering your national insurance number, driving licence number and postcode. This will provide you information relating to your driving status, any penalty points currently endorsed on your licence and any past endorsements on your driving licence history.
If you have not received 6 penalty points or more, in the two years since you passed your driving test, then it is unlikely that your licence has been revoked under the new driver provisions. However, you will have to apply for your driving licence to be renewed following a disqualification.
We hope this helps.
The Geoffrey Miller Team
-
Joe
on March 12, 2021Hi I am not sure if my licence has been revoked? The court said I am disqualified and it always says that’s on the Dvla site does this mean I can drive on the date my ban is up? Or do I have apply for a provisional again? I had a low amount of drugs in my system in the first year?
-
Jeanette Miller
on March 12, 2021Dear Joe,
Thank you for your query.
If your licence was revoked, you will be required to obtain a provisional licence and retake your test, whereas if you have been disqualified from driving, you are able to continue driving following a specified period of time. When you are eligible to drive again following a disqualification, you will have to reapply for a new licence yourself, directly to the DVLA. The DVLA should send you an application to renew your driving licence 56 days before your disqualification ends. You will not be able to drive until you have reapplied for your licence. If you drive before this point, even though the period of the driving disqualification is over, you are technically driving otherwise than in accordance with a valid licence and may be charged with an offence.
If you are still unsure whether your licence has been revoked or disqualified, we would advise you to contact the DVLA directly to enquire.
I hope this assists.
The Geoffrey Miller Team
-
Nicky Lawrence
on July 5, 2021Hi I’ve been disqualified from driving. My disqualification date ends midnight tonight. I’ve reapplied for my driving license via D1 form as I had not received a form through post. I have not yet received my driving license as I see the dvla are taking longer than usual to process applications. Can I drive from midnight tonight or do I have to physically have my driving license to hand and wait until the dvla sort there mess out until I can drive? Thanks for your time.
-
motoroffence
on July 5, 2021Your disqualification period ends at midnight tonight, but your ability to legally drive from midnight will depend on several factors. The DVLA must have received your correct and complete application.
To legally drive before you receive your physical licence, you must also meet the following criteria:
• You are not a high-risk offender. You are classed as a high-risk offender if you have been convicted of 2 or more drink driving offences within 10 years; you were driving with an alcohol reading of at least 87.5ug of alcohol per 100ml of breath, 200mg of alcohol in 100ml of blood, or 267.5mg of alcohol in 100ml of urine; if you refused to give the police a sample of breath, blood or urine to test for alcohol; or you refused to allow a sample of blood to be tested for alcohol.
• You have not been disqualified due to dangerous driving and therefore ordered to complete an extended retest before your licence is re-issued.
• You are not currently disqualified from driving for another offence.
• You must have held a valid licence and only drive vehicles you have applied for on your current licence and that you were entitled to drive on your previous licence.
• Any conditions on your previous licence are still be met.
• Your previous licence was not revoked or refused for medical reasons and your current licence application will not be refused due to medical reasons.
• If you hold a bus or lorry licence, your entitlement must not have been suspended, revoked or refused by a traffic commissioner.If you need further guidance concerning whether you can legally drive, please see our free licence renewal calculator https://www.motoroffence.co.uk/dvla-licence-renewal-calculator/
-
Nicky
on July 5, 2021Hi I’ve been disqualified from driving. My disqualification date ends midnight tonight. I’ve reapplied for my driving license via D1 form as I had not received a form through post. I have not yet received my driving license as I see the dvla are taking longer than usual to process applications. Can I drive from midnight tonight or do I have to physically have my driving license to hand and wait until the dvla sort there mess out until I can drive? Thanks for your time.
-
motoroffence
on July 5, 2021Your disqualification period ends at midnight tonight, but your ability to legally drive from midnight will depend on several factors. The DVLA must have received your correct and complete application.
To legally drive before you receive your physical licence, you must also meet the following criteria:
• You are not a high-risk offender. You are classed as a high-risk offender if you have been convicted of 2 or more drink driving offences within 10 years; you were driving with an alcohol reading of at least 87.5ug of alcohol per 100ml of breath, 200mg of alcohol in 100ml of blood, or 267.5mg of alcohol in 100ml of urine; if you refused to give the police a sample of breath, blood or urine to test for alcohol; or you refused to allow a sample of blood to be tested for alcohol.
• You have not been disqualified due to dangerous driving and therefore ordered to complete an extended retest before your licence is re-issued.
• You are not currently disqualified from driving for another offence.
• You must have held a valid licence and only drive vehicles you have applied for on your current licence and that you were entitled to drive on your previous licence.
• Any conditions on your previous licence are still be met.
• Your previous licence was not revoked or refused for medical reasons and your current licence application will not be refused due to medical reasons.
• If you hold a bus or lorry licence, your entitlement must not have been suspended, revoked or refused by a traffic commissioner.If you need further guidance concerning whether you can legally drive, please see our free licence renewal calculator https://www.motoroffence.co.uk/dvla-licence-renewal-calculator/
-
Joshua Talbot
on July 9, 2021Hi cut it short I was caught for driving with no insurance withing 2 years and 4weeks later i got caught again i didn’t attend my first court date and didn’t have any mail about it as I wasn’t at that address at the time I did go to my second one a I applied for hardship with losing my license so they disqualified me for 6 months I go online on my driving portal and it says the same with tt99 dose that ment its has cancelled out my revoke I have rang dvla and they said I was revoked I explained online it tells me I am disqualified but they telling me they don’t no y it says that I should be revoked so I don’t no what todo
-
Jeanette Miller
on July 12, 2021Dear Joshua,
If you had been driving on a full licence for less than two years when you were first convicted for driving with no insurance, your licence will have been automatically revoked by the DVLA under The Road Traffic (New Drivers) Act 1995. As a new driver, your licence is revoked when you receive 6 or more penalty points in the first two years of passing your test. You will need to re-apply for your licence and re-take both your practical and theory tests before you can drive again.
When you were convicted of your second driving with no insurance offence, 4 weeks later, it appears that you received a 6-month disqualification from driving under the totting up provisions. You will not be able to re-apply for your driving licence or re-take your driving tests until this 6-month period has ended. Unfortunately, the revocation will remain in place until you have passed both of your tests. The totting up ban does not cancel out the revocation.
There are means of appealing your recent sentence if this was imposed within the last 21 days and we may be able to assist you. If you require any further assistance please contact our office on 0161 274 5580.
I hope this assists.
The Geoffrey Miller Team
-
Alan White
on August 4, 2021Hi.
My granddaughter had her driving licence revoked for not advising DVLA of a medical condition. She has undertaken a medical through her GP and has sent the report and a new application to DVLA.However, when checking the driving licence summary on the DVLA website there is absolutely no mention that her licence has been revoked. In fact, it states she has a full licence with no disqualification or points.
Is this correct or should the summary indicate that the licence is currently revoked?
Many thanks.
-
Jeanette Miller
on August 4, 2021Dear Alan,
Unfortunately, we are unable to assist with DVLA enquiries or advise you in relation to your own case circumstances. Your granddaughter should contact the DVLA and explain the online error. The DVLA should be able to answer your queries and rectify any issues.
The Geoffrey Miller Team
-
James
on August 4, 2021I got flashed by a speed camera not realising how fast I was going, I already have 3 points and have done a motorway awareness course, will I be offered a speed course or will I be disqualified for getting more points as a new driver?
-
motoroffence
on August 5, 2021Dear James,
Thank you for your query.
Depending on when you have previously completed the course, you may be offered a speed awareness course if your recorded speed is within the category that qualifies you to complete the course in lieu of penalty points or disqualification. Please note you can only complete the course once in three years.
The magistrates have the discretion to endorse your licence with penalty points or disqualification depending on the recorded speed. If your licence is endorsed with three penalty points or more, the DVLA will revoke your licence, as you are a new driver, and you can only accumulate six penalty points. To apply for a licence, you will have to undergo the theory and the practical test again. Alternatively, you may attend court to advance a mitigation argument and ask for a short-term ban to avoid revocation of your licence.
I hope this assists.
The Geoffrey Miller Team
-
Ian Myers
on September 22, 2021Hi, I currently have a provisional but have 3 points on it.
If I got 3 or 6 more taking it up to 6 or 9 BEFORE I pass my test and obtain a full licence what happens?Is my new license automatically revoked when I pass and I have to take test again?
-
Jeanette Miller
on September 27, 2021Dear Ian,
The new driver provisions start two years from the date when you became a qualified driver. Any penalty points on your provisional licence that have not expired will be carried over to your full licence when you pass your practical test. Once you have passed your test, your licence will be revoked if you get any further penalty points that take you up to a total of 6 or more within 2 years of passing your driving test.
I hope this assists,
The Geoffrey Miller Team -
Eduardo Baratto
on October 8, 2021Because of the pandemic my practical driving test was rescheduled several times. Because of the pandemic I started working with food delivery. I had my car insurance with my Brazilian driver’s license. The insurance was paid monthly for months…
One night at 03.00am working, a police car stopped me and said that I had no insurance, although I had shown them the car in my name and the insurance in my name too…
There was no conversation. They arrested my car and I recovered my car in the DVLA yard with the same insurance that I already paid!!!
The week following this episode I took the practical driving test, passed it and got my full license drive.
Today I have 6 points in my wallet, difficulties in paying for reasonably priced car insurance and I want to change the category of my license to drive a truck, but these points are hindering me a lot.
The fine was issued on September 26, 2020 and my drive license was issued on October 3, 2020.
Is there any way to review and revoke this penalty and score?
Thank you very much!!! -
Jeanette Miller
on October 8, 2021Dear Eduardo,
Thank you for your query.
International licence holders can drive on their valid foreign licence for up to 12 months from when they become a resident. Without knowing the dates, it is difficult to advise whether you had valid insurance at the time of the offence.
Regarding the penalty points on your licence, if you were unaware of the proceedings against you, you can contact the court that heard your case in your absence and make a statutory declaration. Should this be successful, the magistrates will re-open your case, and you can enter a not guilty and present your insurance certificate at the time of the offence. If the magistrates accept that you had valid insurance at the time of the offence, they will remove the points from your driving licence record.
I hope this assists.
The Geoffrey Miller Team
-
Roseanne Lee
on January 1, 2022Hi I sent for my learners license The DV LA sent me for a medical a blood test as I was done for drinking and driving few years before I I completed the blood test and went on to pass my driving test three months later I was issued to go to court for a driver matter what happen before I had my license and they gave me 6 pints so I’m assuming as I never had my license for two years that my license is going to be revoked will I need to do another blood test when I sent for my Learners again thank you for your help
-
Jeanette Miller
on January 11, 2022Hi Roseanne,
The DVLA are unlikely to require a blood test before you obtain a new licence if it is revoked, unless they have any medical concerns or concerns about alcohol being an issue. If you passed the DVLA medical after your drink driving ban, then unless circumstances have changed this should not be the case.
For further confirmation, please speak to the DVLA Driver Medical Team directly on 0300 790 6806 to discuss your circumstances and any conditions attached to your licence such as the need to do a blood test when applying for a new licence.
I hope this assists,
The Geoffrey Miller Team -
Daniel k
on January 19, 2022Hi I had my licence revoked over 2 years ago. All in all I have been driving 5 years this July. On the front of my license it says I’ve been driving since 2019 (when I passed the second time) but on the back it says I’ve been driving since 2017 (the first time I took my test). When it comes to insurance, do I declare I’ve been driving since 2017 or 2019? I’ve been on a family policy so it hasn’t been a problem Upto now but now I’m thinking of going off on my own to Tott up some NCB. Thanks
-
Jeanette Miller
on January 19, 2022Dear Daniel,
Thank you for your enquiry.
I suggest you speak to your potential insurance provider and inform them about the two dates so they can advise. If for any reason they were not aware or misunderstood, it may be something they would use to invalidate your policy at a later date.
I hope this assists,
The Geoffrey Miller Team -
Reece k
on January 30, 2022Hi. If I have my licence revoked within 2 years of passing, can I immediately re-apply for a new licence on the same day and take the driving test? Will there be any points carried on from my old licence to my new licence? Also, what will happen to my insurance in the meantime while my licence is revoked?
-
motoroffence
on January 31, 2022Dear Reece,
When your licence is revoked, you can immediately re-apply for a new provisional licence and book your theory test. Once you have completed your theory test, you may take your practical test. Once you have passed your practical test, you will be re-issued with a new driving licence. All penalty points will remain active on your licence for three years from the date of the offence and will expire after four years from the date of the offence. You can check your driving history and any points here.
Please note that once you pass both driving tests, if you get 12 or more penalty points within a three year period, you will be subject to a six month disqualification under the totting up provisions.
You should contact your insurance provider to inform them that your licence has been revoked. You must ensure that you have an insurance policy to cover you including if you are practising in your own car before you re-pass your tests, and following re-passing your tests.
I hope this assists,
The Geoffrey Miller Team -
Jordan
on February 3, 2022So my license was revoked for drug use they made me do a urine test and it came back positive so within a week i was revoked on the 30th September i sent a d1 form of 2 days ago it says to send one 8 weeks before the driving revokation finishes so after they receive my app will they get me to do another urine test as ive been clear from drugs for 4 months so 2 more months which will be march 30th thats 6 months it says to reapply after being clear from drugs for 6 months . I’m getting so stressed out
-
Jeanette Miller
on February 4, 2022Dear Jordan,
From the date of your licence being revoked, you are correct in stating that you must be free of misuse or dependence before your licence can be considered to be re-issued by the DVLA.
Category 1
If your licence was revoked for drug misuse in relation to cannabis, amphetamines, ecstasy, ketamine or other psychoactive substances, including LSD and hallucinogens, your licence will remain revoked for at least six months. You have to be free of misuse or dependence for the whole of the six month period.Category 2
If the revocation relates to drug misuse in relation to opiates (e.g. heroin, morphine), opioids (e.g. codeine), benzodiazepines, synthetic benzodiazepines, synthetic cannabinoids, methadone, cocaine, methamphetamine, the licence will remain revoked for a minimum of one year whereby you have to be free of misuse or dependence.To attempt to get your licence back, you will have to complete another DVLA medical assessment and urine screening. Assuming you fall within the minimum six month revocation category, you will have to re-do a urine test and screening to ensure that you have been misuse and dependency-free from drugs for the past six months. If you fall into the minimum one year revocation category, the DVLA must be satisfied that you have been free of misuse and dependence for the past year.
You should therefore reapply for your licence after the six month mark from having been free of misuse and dependence if the drug misuse falls within category 1 of the above. You can reapply for your licence after the one year mark from having been free of misuse and dependence if the drug misuse falls within category 2 of the above.
I hope this assists,
The Geoffrey Miller Team -
Lew
on April 7, 2022I’ve got a Notice of Disqualificstion for 6 mo. And I’m a NEW driver. The letter does not mention any “revoke”, just disqualification and to apply por a license renewal up to 2 mo before the period ends.
Does it mean I can just renew it but not take a new test?
-
Jeanette Miller
on April 11, 2022Dear Lew,
Thanks for your enquiry.
As a new driver, your driving licence is revoked automatically by the DVLA if you accumulate six penalty points or more within the first two years of holding a full driving licence. It is not clear from your question whether the disqualification arose from an accumulation of points (totting up). If your licence was not endorsed with penalty points, your licence will not be revoked under the new driver provisions and so will not be required to retake your tests. However, if you do have six or more points on your licence, then your licence will be revoked by the DVLA in due course, which will mean that you have to reapply for your provisional licence and retake both your theory and practical tests (following the disqualification).
We hope this assists,
Geoffrey Miller Solicitors
-
shane brooker
on May 21, 2022Hi
I had my license disqualified for 2and half years I am due to get this back soon. If I receive the letter form DVLA within the 56 days of the end of my disqualification can I apply to complete my theory test and driving test prior to the end of my disqualification so once it ends I am legally allowed to drive again? -
Jeanette Miller
on May 23, 2022Dear Shane,
You will not be able to drive a vehicle until the end of your disqualification period. So although you can apply for your licence back before the end of your disqualification, you will still not be able to complete any driving tests (should they be required) before you have served the whole of your disqualification.
We hope this assists.
The Geoffrey Miller Team -
Mo
on June 9, 2022Hi I have been disqualified for totting up for 12 months and my disqualification ends on the 10th of June and I have received a letter from dvla to apply for my license, so does that mean I can drive on the 10th from midnight thanks
-
Jeanette Miller
on June 10, 2022Dear Mo,
As you were disqualified for more than 56 days, you have to formally apply for a new licence, which requires making an application to the DVLA and paying a fee. If you fail to make a formal application, the licence will still be invalid and there is a risk you could be charged with driving otherwise than in accordance with a licence, regardless of the fact that the disqualification has been served.
We hope this assists.
The Geoffrey Miller Team -
Dennis Oppong
on October 7, 2022I disqualified from driving 18 months by drinking offence, am a new driver, driving abt 1yr 4months, should I have to take theory and driving test again?
-
Jeanette Miller
on October 10, 2022Dear Dennis
Thank you for getting in touch with us about your drink driving conviction.
The short answer is no, you are not required to re-take your theory test or your practical driving test unless you were ordered to do so by the Court.
We hope that assists.
Kind regards,
Geoffrey Miller Solicitors
-
Niranga
on October 9, 2022I was delivering food and cought by the police for not having a delivering insurance. They charged me as “no insurance ” and deducted 6 points. My licence is new and this will revoke my driving licence.
However my international driving licence is valid until next January. Is it still valid for me to drive with my international licence until I get my new UK license ? [ I didn’t get a driving ban]
-
Jeanette Miller
on October 10, 2022Dear Niranga,
You are eligible to drive on an international licence for 12 months following your entrance into the United Kingdom. Following this 12-month period you will either have to apply for a provisional licence or have exchanged your licence for a UK licence.
Unfortunately, we have insufficient information provided from yourself to advise on whether you are able to drive currently. The only agency who would be able to advise you with certainty that you are able to drive would be the DVLA.
You can find the contact details for the DVLA here: Contact DVLA – GOV.UK (www.gov.uk)
Yours Faithfully,
Geoffrey Miller Solicitors -
Andy Jackson
on January 25, 2023Here is a question I have which I have yet to find an answer to online and wondered if Geoffrey Miller with their expertise would be able to advise. My daughter, who passed her test in April 2019, is currently serving a drink driving ban which is up in May 2023. We know that when the ban ends she has to apply for her license again from the DVLA. My question is this; will the ‘new’ license given by the DVLA show the original date she passed her test (April 2019) or will it display the new date (May 2023) thus making her a new driver? Thank you for your help.
-
Jeanette Miller
on January 27, 2023Dear Andy,
Thank you for your question.
As your daughter received a driving disqualification, she will be able to continue driving following the specified period of disqualification. When she is eligible to drive again, and she has obtained her licence back from the DVLA (following completion of the relevant application form), it will show the original date that she passed her test. She will not be classed as a new driver.
Kind regards,
The Geoffrey Miller Team -
Jack foster
on May 12, 2023Hi there I was at court and they Said they were gonna Revoke my license, And give me 6 penalty points and receive a £320 fine because I was in my first 2 years of driving and drove a car with no insurance when will the revoke come into place since the court date , and also when I re sit my test do i keep the 6 points or do they get wiped thanks
-
motoroffence
on May 19, 2023Hi Jack,
The court will notify the DVLA that you have been given six points and the DVLA will then revoke your licence. This is not done instantly but comes into place as soon as the DVLA have been notified by the Court, which is usually the evening of your court hearing or the following day.
Penalty points that resulted in a revocation will still appear on your new licence for the usual 3-year period but you will not be subject to the new driver provisions again.
If you were to drive without a valid licence, you would be guilty of driving otherwise than in accordance with a licence and potentially driving without insurance. Driving without a licence carries between 3-6 penalty points and no insurance carries 6-8 penalty points. Both offences are subject to a hefty fine. The court could also decide to impose a driving disqualification instead of points.
We hope this helps.
The Geoffrey Miller Team.
-
Helen
on June 14, 2023I had a seizure due to alcohol use and dependence. Was alcohol free for the whole of 2022. Did a DVLA medical in May 23 and admitted to drinking one glass of wine earlier that month. They have now refused to give me my licence back saying I must continue to always remain abstinent. Can they actually demand that I never drink alcohol ever again in order to hold a licence?
-
motoroffence
on June 19, 2023Dear Helen
Yes, if your licence was revoked due to alcohol dependence then it is a condition that you must be abstinent from alcohol consumption for a minimum of 1 year.
Kind regards
The Geoffrey Miller Team
-
jaspreet singh
on November 22, 2023Hi. i have been caught driving without insurance. what will happen will i get banned for 2 years as goggle says? i am a new driver( got license 8-9 months ago)??
-
Claire Taylor
on November 24, 2023Dear Jaspreet,
Thank you for your enquiry.
If you obtained your licence 8-9 months ago, you fall within the initial two-year period designated as the “probationary period”. Should a new driver amass six or more points within this period, the DVLA is compelled by The Road Traffic (New Drivers) Act 1995 to revoke the driving licence. Consequently, driving without insurance carries a minimum of 6 penalty points or a discretionary disqualification from driving. If the Court impose at least 6 points your licence will be automatically revoked. Reinstating your ability to drive will involve the necessity of reapplying for your licence and successfully completing both practical and theory tests again. However, with mitigation, the Court may be willing to impose a discretionary ban for the offence instead of points which would avoid the revocation process.
If you ae looking to avoid your licenced being revoked, we encourage you to contact our office on 0161 274 5580. A dedicated member of our legal team will be able to discuss your options with you and assist you with your matter.
We look forward to hearing from you.
Kind regards,
The Geoffrey Miller Team -
Lee
on April 27, 2024Hi, I already have 5 points on my licence and was caught speeding on the same road 3 days in a row (I thought it was a 40mph road limit and it was actually a 30mph limit). Initially I was offered 3 penalty points per conviction which would equate to 9 points in total. However because I had been driving less than 2 years they recommended going to court instead. I have now been driving more than 2 years and am still awaiting a court date. If they impose penalty points at court will they be imposed from the date of the incident or the date they convict me in court? Will they still impose the 9 points or could they be lenient and impose less points so i dont tot up more than 12 points? Am I better asking for a short term disqualification of less than 56 days with no penalty points so that I do not have to retake my driving test? Thanks
-
Motor Offence
on May 3, 2024Dear Lee,
Thank you for your comment on our post.
You have informed us that you currently have 5 points on your licence and you were classed as a new driver at the time of the speeding offences. The courts will sentence you in accordance to the state of your licence at the time the offences were committed. Therefore, if you had 5 points at the time of the speeding offences and you were a new driver, you will be sentenced as a new driver with those points.
As you will be aware, during the probationary period if you accumulate 6 or more points on your licence you will have your licence revoked and you will have to re-apply for a provisional licence again and you will have to retake your test.
The sentencing guidelines for speeding 40mph in a 30mph zone are 3 points and a Band A fine (50% of your weekly income). The sentencing guidelines do not provide guidance to issue a short disqualification at this stage of speeding. However, as you will be looking at having your licence revoked we can ask the court to impose a short disqualification of up to 56 days.
Furthermore, as the offences occurred on different days, it is not a guarantee they will all be heard at the same court hearing. To have the highest likelihood of avoiding a revocation, we would want to liaise with the court to try to have all the matters dealt with at a singular court hearing.
These matters can be very technical and you must be able to persuade the court to issue the short disqualification rather than standard penalty points. We recommend that you give us a call on 0800 1389 123 to discuss your case with us in more detail and to discuss your options with you before your hearing(s).
Kind regards,
The Geoffrey Miller Team -
Sean
on July 20, 2024Hi, I’ve held my lorry license for 18 months, but last night stupidly got caught over the legal limit for drinking ( silly silly boy, something I promised I’d never do and never have. Until now )
Am I likely to be seeing a disqualification or a revoke
( I was in my car, not a lorry if this makes a difference )
-
Motor Offence
on July 22, 2024Dear Sean
Thank you for your comment and request for advice. . Please could you phone us on 0800 1389 123 (Freephone) or 0161 274 5580, we will need some more information from you to advise properly and can also explain ways we may be able to assist you.
Kind regards,
The Geoffrey Miller Team
Add comment