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“I was recently represented by Kang & Co Solicitors for a drink driving charge. From the initial telephone call it was clear that Kang & Co were experts in this field. They provided sound advice and diligently guided me through the process leading up to the court case. Through their legal representation I was able to avoid a community order and receive the best possible outcome for my case .”

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“They had very little time to go ahead with getting all valid documents needed for my case, they were extremely efficient and great at calming me and keeping me updated with my case and it’s details with interviews and courtrooms to appear in, overall great experience with kang and co, I came out with a 2 year suspended sentence instead of a 1 year custodial sentence for GBH without intent. I now get to spend the time caring for my nan and helping with my family’s needs.”

L. Roddis, TrustPilot

Kang & Co Solicitors is a truly specialist high-end law firm providing legal advice and representation for all matters involving Criminal Law and Driving Offences. We are ranked as a top tier law firm by The Legal 500 and Chambers and Partner’s prestigous law guides.

Our head office is located at 1 Victoria Square in Birmingham City Centre and we offer our services throughout England and Wales on a private fee-paying basis. We also have an office at 330 High Holborn in London and another office in central Milton Keynes. We are frequently instructed by individuals and businesses nationwide.

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Birmingham Office

1 Victoria Square
Birmingham
West Midlands
B1 1BD

330 High Holborn Kang and Co Solicitors London

London Office

330 High Holborn
Holborn
London
WC2A 1HL

the pinnacle office

Milton Keynes Office

The Pinnacle
Midsummer Boulevard
Milton Keynes
MK9 1BP

Business Hours

Monday – Friday
09:00 – 17:00
Weekends/Bank Holidays
Closed

Meetings at our offices are by Appointment Only

15 Points on Licence – Can I Avoid a Driving Ban?

by | Mar 15, 2024 | Articles, Driving Offence Advice

The accumulation of penalty points on a driving licence can be a significant concern for drivers on UK roads. If reached, the threshold of 15 points will trigger a court appearance and raise questions about the possibility of avoiding a driving ban. This article aims to shed light on the legal ramifications of reaching this critical point threshold, strategies for defence in such a situation and the punishments available through the sentencing guidelines.

Understanding the 15-Point Threshold

In the UK, the accumulation of penalty points on a driving licence is a means of penalising drivers for various traffic offences. Points are typically issued for offences such as speeding, careless driving, or using a mobile phone while driving. The severity of the offence dictates the number of points awarded, with more serious violations attracting higher point penalties.

Once a driver accumulates 12 or more penalty points within three years, they are typically subject to a court summons. Upon attending court, the driver faces the possibility of a driving ban, depending on the circumstances surrounding their case. Reaching 15 points on your licence is particularly significant, as it will often result in automatic disqualification under the “totting up” provisions unless exceptional mitigating circumstances exist.

 

Defence Strategies for 15 Points on Licence

Successfully defending against a driving ban when facing 15 points on your licence requires a strategic and well-prepared approach. One common defence strategy involves arguing exceptional hardship. Exceptional hardship refers to circumstances where a driving ban would result in consequences that extend well beyond what would normally be expected from a ban.

For instance, consider a case where the driver is the sole carer for an elderly or disabled relative, and a driving ban would severely impact their ability to provide the necessary care. In such instances, the court may consider allowing the driver to retain their licence despite reaching the 15-point threshold.

Another potential defence strategy involves challenging the validity of the penalty points themselves. This could include questioning the accuracy of speed measurement devices or presenting evidence to dispute the allegations made by the prosecution.

 

Example of a Successful Defence

Consider a hypothetical case where a driver, let’s call him Desmond, faced a driving ban after accumulating 15 points on his licence due to a series of speeding offences. Desmond’s solicitor successfully argued that a driving ban would result in exceptional hardship for his family. Desmond’s wife suffered from a medical condition that required frequent hospital visits, and public transportation was not a viable option due to the remote location of their residence.

The solicitor presented compelling evidence of the significant impact a driving ban would have on Desmond’s ability to fulfil his caregiving responsibilities and the adverse effects it would have on his family’s well-being. The court, taking these factors into account, decided to exercise discretion, and allowed Desmond to retain his licence, albeit with additional penalty points.

 

Sentencing Guidelines for Exceeding Penalty Points Limit

When it comes to sentencing for driving offences, the court follows guidelines outlined in the Road Traffic Act 1988. This legislation provides the framework within which courts determine penalties for motoring offences, including driving bans.

Section 35 of the Road Traffic Offenders Act 1988 empowers courts to disqualify drivers who accumulate 12 or more penalty points on their licence within a three-year period. However, this section also allows the court discretion to consider exceptional hardship when deciding whether to impose a driving ban.

The Sentencing Council provides further guidance to courts regarding the appropriate penalties for motoring offences, taking into account factors such as the nature and severity of the offence, the driver’s culpability, and any mitigating or aggravating circumstances present in the case.

Below are the Sentencing Guidlines for Speeding;

Speed Limit (MPH)
20
30
40
50
60
70
SENTENCING RANGE
POINTS / DISQUALIFICATION
Recorded Speed (MPH)
41 and above
51 and above
66 and above
76 and above
91 and above
101 and above
BAND C FINE
Disqualify 7 – 56 days OR 6 points
Recorded Speed (MPH)
31 – 40
41 – 50
56 – 65
66 – 75
81 – 90
91 – 100
BAND B FINE
Disqualify 7 – 28 days OR 4 – 6 points
Recorded Speed (MPH)
21 – 30
31 – 40
41 – 55
51 – 65
61 – 80
71 – 90
BAND A FINE
3 points

In conclusion, reaching 15 points on your driving licence in the UK can have serious consequences, in most cases leading to a driving ban. However, with strategic legal representation and a compelling case, it is possible to avoid or mitigate the impact of such penalties. Understanding the relevant laws, presenting a strong defence, and demonstrating exceptional hardship are essential elements in achieving a favourable outcome in court.

If you find yourself facing the prospect of a driving ban due to accumulating 15 penalty points, it is crucial to seek expert legal advice from qualified motoring law solicitors who can assess your case and provide tailored guidance based on your circumstances. With the right approach and representation, you can navigate the complexities of motoring law and safeguard your driving privileges.

Do you require legal advice &/or representation?

If you are facing a driving offence prosecution and require expert legal representation at Court, call our lawyers on 0330 818 9843 or complete our Contact Form.

15 points on licence, 15 points driving licence, driving ban, avoid road ban, motoring law, legal article, UK law, totting up

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Birmingham Head Office

1 Victoria Square
Birmingham
B1 1BD

London Office

330 High Holborn
London
WC2A 1HL

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The Pinnacle
Midsummer Boulevard
Milton Keynes, MK9 1BP

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