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New Driver: Revocation Avoided

Our Case Study

Nature of the Offence

Andrew Clarke had passed his driving test for just over a year when he received a Notice of Intended Prosecution (NIP) through the post for an offence of speeding at 75mph on a road with a limit of 50mph.

He accepted being the driver at the time and accepted committing this offence.

New Driver Provisions

As Andrew had held a full driving licence for less than two years, he was classed as a ‘New Driver’ and subject to the new driver rules.

Under the Road Traffic (New Drivers Act) 1995 a motorist that passes his / her driving test (Practical & Theory Test) will be considered as a ‘New Driver’ for 2 years and will be subject to a probationary period during the first 2 years after receiving a Full Driving Licence.

If a new driver accumulates 6 or more penalty points within this two-year probationary period, the driver will have their Driving Licence Automatically Revoked by the DVLA and will need to re-apply for a provisional licence and will need to pass both parts of the driving test again.

Where the Offence Occurred

The speeding offence occurred in Coventry and his sentence hearing was listed before Coventry Magistrates’ Court.

Speeding Offence

A motorist caught speeding at 75mph on a road limited to 50mph will usually receive 6 penalty points or a driving ban. As Andrew was subject to the New Driver rules, 6 penalty points would result in the DVLA revoking his licence.

The Outcome

Our lawyers represented Andrew at the sentence hearing and advanced compelling mitigation on his behalf, highlighting aspects of his personal life to the Magistrates’ the Court considered the mitigation we had put forward and decided to endorse his driving licence with 5 penalty points rather than 6 points, thus avoiding his licence from being revoked.

Because he chose to appoint us to represent him in Court, he was able to avoid what otherwise would have result in a revocation of his driving licence.

Names have been altered for client confidentiality reasons

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Accreditations, Partnerships and Press

We are a leading motoring law firm, covering the entire range of driving offences from contesting totting-up bans, advancing exceptional hardship application and defending drink driving prosecutions through to representing clients in death by dangerous or careless driving cases. Our expert solicitors and barristers are hugely experienced in dealing with all types of motoring offences. We will look at your case in great detail and offer high level representation at Court, giving our clients the best chance possible.

Our Competitively Priced Agreed Fees for Motoring Offence Cases start from £1,000 + VAT

Our Private Criminal Defence Solicitors and Barristers are available to advise and represent you if you are being investigated or prosecuted for an alleged crime. We are experienced in representing professionals and business owners in the Magistrates’ and Crown Court that find themselves facing a Criminal Offence Prosecution. We are specialist Private Crime Lawyers, so all cases are privately funded.

Our Competitively Priced Agreed Fees for Criminal Offence cases start from £1,500 + VAT

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In my experience, it is often very difficult to find a professional organisation that truly delivers on their promise of expertise, quality of service, compassion and dedication to their client.

I would not hesitate in recommending Kang & Co Solicitors.  Mr. C Pilkington

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Kang & Co Solicitors is a truly specialist high-end law firm providing legal advice and representation for all matters involving Criminal Law, Driving Offences, Transport Law, Pace Interviews, Regulatory Law and Licensing Law.

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 5 Chancery Lane in London and another office in central Milton Keynes. We are frequently instructed by individuals and businesses nationwide.

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