Legaleagle Training
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