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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I was convicted of a speeding offence I had 9 points and the

Resolved Question:

I was convicted of a speeding offence I had 9 points and the new conviction meant I had 12 points and I was disqualified for six months .
I later found out when I inquired from the DVLA that 3 of these points fell off the licence before the date of my last conviction .
The 9 points were on my licence when I committed the offence .
Am I still a totter
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Was the date of the earliest offence within 3 years of the date of the last offence?

Alex Watts :

Date of offence rather than date of sentence

Customer: Yes but last one came off before my conviction
Alex Watts :

So the date of all 4 offences are within 3 years?

Alex Watts :

Is that correct?

Customer: Yes
Alex Watts :

Ok - its bad news then I am afraid.

Alex Watts :

The periods count from date of OFFENCE not date of conviction

Alex Watts :

So even if you were convicted after the 3 years then you would still be liable.

Alex Watts :

Its 3 years between the earliest and latest offence

Alex Watts :

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

Customer: I looked at section 35 of the RTO act 1988 sub section 2 where does it say about the three year point
Alex Watts :

Its 3 years from date of offence.

Alex Watts :

If you just got points then its 3 years between that counts

Alex Watts :

Section 35(2) says about the commission of an offence, not the conviction date

Alex Watts :

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

Customer: No thanks
Alex Watts : Great. If I could ask you to rate my answer before you go tofay please, the button should be at the bottom of the screen
Alex Watts : if you need more help please click reply
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