New Driver Offences.  What they are and how we can help?

Good driving comes with experience.  That’s why there is a 24-month probationary period for all new drivers.  The probationary period is in place to keep all road users safe and to emphasise to new drivers the consequences of not following the rules.

Here at Brian Koffman & Co. we understand that in the early days of having a licence, new drivers can make mistakes. But if those mistakes result in 6 penalty points, your license will be revoked causing upset and inconvenience.

If you are in this situation, it is vital that you take legal advice at the earliest opportunity.

To get in touch with our dedicated motoring offence solicitors, able to offer the highest calibre of privately funded road traffic law defence expertise, our team today on 0161 832 3852 or complete the enquiry form on the right-hand side of this page.

What is the law regarding ‘New Drivers’?

In the UK, under the Road Traffic (New Drivers) Act 1995, all drivers are considered “new drivers” for two years from the date that they pass their test. During this probationary period, if you accumulate six penalty points, the DVLA will revoke your licence. There is no room for discretion once the six point penalty is reached, revocation is automatic.

You might be surprised at some of the offences that carry penalty points – they can be given for:

  • speeding
  • driving too slowly
  • driving an unroadworthy vehicle
  • having a dirty or unreadable licence plate
  • disorderly behaviour (including swearing or gesturing at other drivers)
  • parking on the pavement
  • eating or drinking behind the wheel
  • using a mobile phone

Using a mobile phone carries a six point penalty and a £200 fine - meaning that if you are caught your licence will be revoked. Using a mobile phone does not just mean making a call whilst driving – the law has now been tightened to include any interaction with your phone while driving your car.

The law does not differentiate between a number of minor offences and larger more serious offences such as dangerous or reckless driving. Points received on your provisional licence are transferred to your full licence and will count towards the total.

Having your licence revoked in the first two years brings many repercussions, potentially impacting your career and your finances, so taking expert legal advice as early as possible is vital. 

Why is there a 6-point limit in the first 2 years of driving?

In 2018, almost two thirds of drivers who had their licences revoked were aged between 17 and 24.

According to road safety charity Brake, “young drivers (17-24 years old) are at a much higher risk of crashing than older drivers” with one in four 18-24 year olds crashing within two years of passing their test. Younger, more inexperienced drivers are significantly more likely to:

  • lose control of their vehicles
  • crash at high speed
  • have accidents on rural roads
  • crash at night during hours of darkness.

The legislation imposing a six-point limit was brought in by the government to encourage new drivers to drive as safely as possible.

There are steps you can take to minimise your risk:

  • try to avoid driving between 12-6am unless absolutely necessary
  • make sure that all passengers wear seatbelts, and that they know not to behave in any way that might distract you
  • always keep your speed within the legal limits and make sure that you take bends carefully
  • ensure you have appropriate insurance
  • never drive if you have been drinking alcohol or taking drugs

What happens if I get 6 points within 2 years of driving?

In the event that you get six points within your first two years of driving, your licence will be taken away. The law does not differentiate between lower numbers of points accumulated over time and six points awarded at once – reaching six points triggers revocation. You will need to reapply for your provisional licence and can then start to work towards retaking your driving test. It is very important that you don’t drive again until you have your provisional licence; driving while your licence is revoked is a serious offence. Points accumulated on your provisional licence will be transferred to your full licence and also contribute to the total. 

What does a revoked licence mean?

Revocation of your licence is different to a ban or disqualification; it means that you lose your entitlement to drive and that you will need to reapply for a new provisional licence and to retake both parts of your driving test. If during this time you fail to drive as a provisional driver while your licence is revoked (with the supervision of a person aged 21 or above who has held their licence for over three years) you risk further points, a fine and possibly imprisonment.

We understand the impact that this will have on your life; the time that it takes to retake your test, the inconvenience of losing the independence that your licence brings, not to mention the costs involved:

  • reapplying for your provisional licence
  • further driving lessons
  • paying to retake your test.  

Our solicitors can help to advise you on the best course of action if you find yourself facing revocation. 

If I’ve had my licence revoked, can I get it back early?

The law is strict when it comes to revocation – if you reach six points the DVLA will revoke your licence, and the court have no discretion over this.  You cannot get your licence back until you have successfully retaken your driving test.

If your licence is revoked, you can start working towards retaking your test as soon as you receive your provisional licence. 

How do I avoid revocation of my driving licence?

Avoiding the revocation of your licence can be very difficult and expert advice is needed. If you are facing a total of six or more points you have three options:

  • you can plead not guilty to the charges and defend yourself to avoid being given the endorsement if applicable
  • if there were “special reasons” leading to the offence being committed, you may be able to persuade the court to reduce or waive the points
  • it may be possible under certain circumstances to argue for a disqualification, rather than revocation.

One of our new driver offence solicitors will help you to decide which course of action is the most appropriate for you and will give you the greatest chance of building a successful defence case. 

How we can help

As an award-winning law firm, we employ experts in new driver offences to help you to build the strongest possible case.

Fighting revocation isn’t easy. It requires a great deal of skill and in-depth knowledge and we understand that this can be a stressful and difficult time. With Brian Koffman & Co you can be assured that your case is in good hands. We will take you through the process from start to end, building your case, advising you, representing you in court and looking at your options to appeal if the need arises. 

Contact us

If you now need expert advice or representation. Motoring Offence Solicitors offer the very best privately funded defence advocacy to clients in Manchester and across the UK.  Call our team today on 0161 832 3852 or complete the enquiry form on the right-hand side of this page.

Motoring Offence Solicitors offer the very best privately funded legal representation to clients accused of driving offences in Manchester and across the UK.