David Lawson Successfully Represented A Client Who Faced Disqualification Under The Penalty Points Procedure
David Lawson, Director and Head of DRN’s regulatory and private defence department successfully represented a client who faced disqualification under the penalty points procedure ( also known as totting up).
Mr B faced being disqualified for a period of 6 months if the magistrates decided to impose 6 points for an offence of speeding . He had up until May 2015 held a clean licence. However two speeding offences in 2015 on the M60 and the further offence he faced meant he might be disqualified as the magistrates had the power to impose up to 6 points. The offence he committed was in April 2018.
The case highlighted the complicated nature of road traffic cases, as his situation was made worse by the fact that he had also received a fixed penalty in May 2018. The court wrongly assumed that those points were relevant in deciding whether they counted towards disqualification.
David Lawson correctly pointed out to the court that the May offence did not qualify as it was more than 3 years after the oldest offence . For the purpose of disqualification the court can only take into account the previous 3 years. Further he was able to persuade the court not to impose 6 points and the client avoided disqualification.
David Lawson said “the case highlights the need to represented in road traffic cases. It can be the difference between disqualification or avoiding a ban. In this case even the legal advisor was wrong . It is likely that an unrepresented client would have left court with a ban”.
For further advice on driving offences contact our specialist team on 01282 433 241.
DRN represent clients throughout Lancashire and the North West.