There are a number of factors which make Caddick Davies the ideal option for anyone facing a motoring charge in England or Wales:
At Caddick Davies, we are proud to have successfully defended and avoided the driving licence revocation of many new drivers who have accumulated 6 or more penalty points in 2 years.
Under the New Driver Provisions, a person is a new driver until two years after they passed their driving test, whether that’s a full car or full motorcycle test. If they accumulate 6 or more penalty points during that time, the DVLA will revoke their driving licence.
This means that if you are charged, for example, with a mobile phone offence during your first two years of driving, your driving licence could be revoked.
If you are a new driver and find yourself at risk of having your driving licence revoked, please contact us for advice and a no obligation consultation on how we can help you.
Call for a Free Consultation on 0333 443 2366
New driver rules
Under the Road Traffic (New Drivers) Act 1995, newly qualified drivers are subject to a 2 year probationary period from the date on which they qualify for a full driving licence (entitlement).
If, within this 2 year period, the driver accumulates 6 or more penalty points, then their licence will be revoked by the DVLA. This means that you will no longer be able to legally drive in the UK.
To regain your driving licence, you will need to apply to the DVLA for a provisional driving licence and then successfully complete the theory and practical driving tests.
How can we help?
At Caddick Davies Solicitors we specialise in representing new drivers who are faced with having their driving licence revoked after accumulating 6 or more penalty points.
Over the years we have successfully represented many new drivers, using our expertise and experience to avoid their revocation.
If you are a new driver and find yourself facing the revocation of your licence owing to your accumulation of 6 or more penalty points, please contact us for advice and a no-obligation consultation on how we can help you.
Call for a Free Consultation on 0333 443 2366
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Commonly Asked Questions About the New Driver Rules
Revocation of your licence as a new driver simply means that your licence is no longer valid. This means that you cannot legally drive until you have re-applied for your provisional licence, re-taken your theory test and passed your full driving test.
If you drive whilst your licence is revoked, you could be charged with a further offence of driving otherwise than in accordance with a licence. This could lead to a fine, as well as between three and six penalty points.
If your licence is revoked under the new driver provisions, this means that your full entitlement to drive has been removed. This does not prevent you from applying for a provisional driving licence and taking your theory and practical tests. As soon as you have passed your theory and practical driving tests, your full licence will be returned.
If you are disqualified from driving, this means that you are disqualified from driving or holding a driving licence for the period of the disqualification (or in some cases until an extended re-test is passed). If you drive during the period of disqualification it is a very serious offence for which you may receive a sentence of imprisonment.
If your driving licence is revoked this means that your entitlement to drive is removed.
If you drive after the revocation of your licence you will be committing the offence of “driving otherwise than in accordance with a licence”, effectively with no licence.
Before driving again you will be required to apply for a provisional licence and then to successfully complete both the theory and practical driving tests.
The application of the New Driver Rules is strict and if as a result of a conviction the court endorses penalty points on your licence giving you 6 or more in total (within 3 years) then your licence will be revoked by the DVLA.
The only way to avoid revocation in such cases is to either:
(a) avoid the endorsement of the penalty points by pleading not guilty and being acquitted of the offence;
(b) asking the court to make a finding of “special reasons” in connection with the circumstances of the offence such that they do not endorse penalty points; or
(c) asking the court to impose a short period of discretionary disqualification (e.g. 1-2 weeks) in the alternative to the endorsement of penalty points.
If you accumulate 6 points in the first two years, the court has no discretion to exercise leniency. It is not the court that disqualifies you, it is the DVLA who do this administratively once they have been notified of the points.
As a new driver the only way to avoid revocation if you have committed an offence which will take you to 6 or more points, is to either:
• Defend the allegation against you so that you do not receive the points;
• Persuade the court not to impose any penalty points owing to the circumstances of the offence on the grounds of “special reasons”; or
•Persuade the court to impose a short period of discretionary disqualification in the alternative to points.
We have successfully avoided the revocation of many new drivers licences using the above techniques and therefore if you find yourself facing the revocation of your driving licence, please contact us for advice and a no obligation consultation on how we can help.
Yes, if accepting the Fixed Penalty Notice will mean that you have accumulated 6 or more penalty points within your first 2 years of driving (including all points on your licence within the past 3 years).
If you are a new driver and you have received a Fixed Penalty Notice, please contact us to for advice and a no obligation consultation on how we can help you.
If you accept a Fixed Penalty Notice endorsing 6 penalty points this will result in the revocation of your driving licence.
After accepting the Fixed Penalty Notice you will receive notification from the DVLA that your licence has been revoked.
Before accepting any Fixed Penalty Notice, please contact us for advice and a no obligation consultation on how we can help you.
People are often shocked at this answer believing that the 6 points referred to within your first two years as a new driver, is only relevant to points accumulated after you passed your test. Unfortunately this is not the case and if you accumulate 6 points in any way within your first two years of driving your licence will be revoked.
Unfortunately, the law does not take into account the number of years that a person has been driving in total, but only considers how long a person has held a full UK driving licence or entitlement.
This can seem somewhat unfair, however it is possible in some cases to persuade a court to exercise its discretion and to impose a short period of discretionary disqualification (e.g. 7 or 24 days) in the alternative to endorsement of penalty points and revocation.
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We have a highly-effective track record in defending motoring charges, leading to no penalties, or considerably reduced penalties, being imposed on our clients.
We have been successfully representing clients in motoring courts nationwide
Contact us for a free consultation, our expert solicitors will be able to discuss your case and advise on legal options.
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