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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70193
Experience:  Over 5 years in practice
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Hello, I have to go to court on Wednesday to get penalty points

Customer Question

Hello,
I have to go to court on Wednesday to get penalty points on my license. I was driving with my provisional license, but the person next to me was not an appropriate supervisor. I now have a full license. What can I expect from the court?
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.
Why were you stopped?
Customer: replied 4 years ago.

Hello,


 


I was stopped randomly at 4 am after leaving a club. I do not drink so I certainly was not drunk.

Expert:  Jo C. replied 4 years ago.
Sorry for the delay. I was offline.

Are you summonsed for driving not in accordance?
Customer: replied 4 years ago.

Yes I am. LC20. i was insured though.

Expert:  Jo C. replied 4 years ago.
Your insurance was invalidated by the fact that you were driving not in accordance though. That said, they haven't charged you with that.

For driving not in accordance you will get 3-6 points on your licence and a fine. There will also be court costs of about £85 and the victim surcharge of a sum roughly 10% of the fine.

You do not need to worry about revocation though. Even if you get 6 points on your licence the issue is the date of offence not the date of conviction or sentence. You will only be at risk of revocation if you commit offences leading to 6 points within the first 2 years of driving.

Hope this helps.
Customer: replied 4 years ago.

So my license will not be taken away? Most likely I would get 3 points and a fine?


thanks

Expert:  Jo C. replied 4 years ago.
Well, I would expect 3- 6 points. It depends what they make of the fact that you did have a person supervising but he didnt' comply with the criteria. In fairness, if thats right then its not the worst instance of driving not in accordance.

It is technically aggravated by you never having held a licence at that time but I think overall if you were supervised they would probably give you 3 points.