Drivers – Know The Risks

Learning to drive and passing your driving test is the ultimate ticket to freedom and also opens up new work possibilities. But as many new probationary drivers know, it is expensive to have lessons and can take months of waiting just to get a test date. Many new drivers might also be surprised to know that they can also lose their licence easily.

If you receive six or more penalty points within the first two years of passing your driving test, then your licence will be revoked, and you will have to take your test again.  This in practice means you will need to apply for a new provisional licence and pay for it again. Once you receive your provisional licence then you will be subject to the same rules as any other learner driver, and you can only drive again on a full licence once you have passed both the theory and practical test. If you have a tractor licence (category F), the two-year probationary period starts from the day you pass this test.

A revocation is different to a driving disqualification.  The points count from the date the offence was committed and not when you receive the notification of the points.

Some traffic offences can carry a significant number of points which many inexperienced drivers may not realise. For example, failing to stop after an accident, failing to give particulars or report an accident within 24 hours can each carry 5-10 points. Driving without due care and attention or without reasonable consideration for other road users can carry 3-9 points and using a mobile phone when driving carries 6 points.

Others carry fewer points such as using a vehicle with a defective tyre(s) 3 points. Points can add up quickly and inexperienced drivers need to fully understand all of the responsibilities that come with having a full driving licence.

For a 17-year-old newly qualified driver, it can come as quite a shock if they find themselves at the centre of court proceedings. One silly mistake or lapse of judgement can have very serious consequences when behind the wheel of a car.

For all drivers, regardless of how long they have held their licence, there is also now a zero-tolerance approach to those caught drug driving. It is illegal to drive if you are unfit to do so because you have taken either legal or illegal drugs, or if you have certain levels of illegal drugs in your blood (even if they have not affected your driving). You should always check with your doctor if you have been given prescribed medication.

Drugs can stay in the body for days or weeks and the police can stop you and carry out a field impairment test or take a mouth swab to detect cannabis or cocaine. If you fail the mouth swab or they think you are unfit to drive, you will be arrested and taken to give a blood or urine test at a police station.  You could be charged with a crime if the tests show you have taken drugs.

The penalties are severe and drivers will face a minimum of a one year ban, an unlimited fine, up to 6 months in prison and a criminal record. Your driving licence will also show you have been convicted for drug driving for 11 years.  The maximum penalty for causing death by careless driving under the influence of drugs is life imprisonment.

If you or your child has been arrested for driving offences which may result in disqualification, licence revocation, or prison then our team are available to provide advice and to represent your interests throughout the legal proceedings. Get in touch to discuss your questions regarding motoring offences and prosecutions.

John Roberts can be contacted at j.roberts@gullands.com