PENALTY POINTS AND DISQUALIFICATIONS FROM DRIVING 

CONTENT

This 1- Hour ZOOM presentation will consider the law in relation to the imposition of penalty points and disqualification from driving in all its forms.

 

The following 20 issues will be considered:

1 – The accumulation of 12 penalty points or more and a period of disqualification under Section 35 of the Road Traffic Offenders Act 1988

2 – The circumstances under which a person accumulating 12 penalty points or more may have a starting point of a disqualification of no fewer than 12 months!

3 – The circumstances under which a person accumulating 12 penalty points or more may have a starting point of a disqualification of no fewer than 24 months!

4 – The interrelationship between Section 35 and an argument for a discretionary disqualification instead of points under Section 34 (2) of the Road Traffic Offenders Act 1988

5 – ‘Grounds for mitigating the normal consequences of the conviction’

6 – Disqualification until test passed – Section 36 of the Road Traffic Offenders Act 1988 – a deeply obscure Section

7 – Probationary drivers and the Road Traffic (New Drivers) Act 1995

8 – Obligatory disqualifications under Section 34 (1) of the Road Traffic Offenders Act 1988 – or alternatively 3 – 11 penalty points

9 – Special Reasons in the area of penalty points and disqualifications from driving

10 – Consideration by the Court of early removal of the disqualification under Section 42 of the Road Traffic Offenders Act 1988

11 – The legal circumstances in which the starting point for an obligatory disqualification may be 24 months rather than 12

12 – The legal circumstances in which the starting point for an obligatory disqualification may be 36 months rather than 12

13 – High Risk Offenders – the meaning of the term and the position with the return of the driving licence for such offenders

14 – Remittals under the Sentencing Code 2020

15 – Disqualification on the offence itself in both the Magistrates’ and Crown Court

16 – The peculiar legal position concerning the taking of motor vehicles without consent

17 – Aggravated vehicle taking – disqualifications and re-tests in this area – drivers and passengers

18 – Disqualification where the vehicle is used in the course of, or in connection with, an offence

19 – Extensions and Adjustments of a disqualification under Sections 165 and 166 of the Sentencing Code 2020

20 – Failing to provide – circumstances in which the disqualification is obligatory and circumstances in which the disqualification is discretionary