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Old 15-05-2008   #1 (Post Link)
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Young drivers and penalty points (UK)

We have a bit of a family problem today
My Daughter passed her test in October 07, she was unfortunately involved in an accident in January, when she missed a cross roads and crashed into another car. It was her fault, no question, though the road conditions were very bad with torrential rain and she was driving on a road she hadn't used before.
We expected a summons but nothing seemed to happen, this morning some four months later it's finally arrived and as expected she is being charged with 'due care and attention'. From what I understand this carries a points penalty of 3 to 8 points.
Now for a normal driver with a clean license this is an irritation but not a major problem as a ban will only be incurred at 12 points. A driver who is in the two year probationary period after the test is only allowed 6 points, therefore she is potentially facing a ban.
So a few questions then;
How does this work, does she get her licence taken off her totally or does she get 'busted' to a provisional so she can retake her test and get back on the wagon?.
Can she drive other vehicles IE a moped on a provisional licence?
Is there just a fixed ban for say three months then she has to apply for a provisional and start all over again?.
Anybody been in this situation?.

It would be a real ****er for her to loose her licence as effectively she would loose her job and likely her home. She starts work at 05.00 and as you can imagine public transport is not an option!.

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Old 15-05-2008   #2 (Post Link)
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Re: Young drivers and penalty points (UK)

If you get 6 points you have to take your test again... that I know...

However if this goes to court they should take all this into account and I would expect she doesn't get 6 points..
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Old 15-05-2008   #3 (Post Link)
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Re: Young drivers and penalty points (UK)

if she needs to drive for work I would get a letter from her employer stating that her job is in jeopardy if she loses her license.

Bans are discretionary and the judge can decide to impose points but not a ban, usually they just increase the fine. a mate of mine once had 16 points racked up on gatsos, but he is a mobile engineer and taking his license would end his job.

go to court and be very humble and very apologetic - good luck!
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Old 15-05-2008   #4 (Post Link)
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Re: Young drivers and penalty points (UK)

I've heard of lots of people driving with 12 points, I understand that one. But can you still have 6 points as a young driver but keep your license, is it the same rule?
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Old 15-05-2008   #5 (Post Link)
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Re: Young drivers and penalty points (UK)

Im pretty sure that the police only have 14 days to issue "Notice of intention to prosecute" following an incident. My sources are on hoilday for 2 weeks though so cant be sure. Im sure someone on here can confirm??
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Old 15-05-2008   #6 (Post Link)
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Re: Young drivers and penalty points (UK)

You would have to get a pretty unforgiving judge to dish out a ban. Cant see that happening myself. Was she alone in the car or did she have friends with her? If she had friends then it may go against her as all young drivers are pidgeonholed into the "racer" category regardless. If she was on her own though i suspect 3 points and a severe telling off as a warning to pay more attention. Nothing to worry about.
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Old 15-05-2008   #7 (Post Link)
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Re: Young drivers and penalty points (UK)

Yikes hope everyone way okay
after the accident.


I'd get proper legal advice on this one.
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Old 15-05-2008   #8 (Post Link)
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Re: Young drivers and penalty points (UK)

Originally Posted by VeloceMitch View Post
I've heard of lots of people driving with 12 points, I understand that one. But can you still have 6 points as a young driver but keep your license, is it the same rule?
Not in the first 2 years of driving no. I had a friend who got 6 points and immediately lost his licence.
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Old 15-05-2008   #9 (Post Link)
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Re: Young drivers and penalty points (UK)

if it was all resolved with insurance and such i would imagine she will only get 3 points and a nasty fine. it seems hit n miss as to how people get charged in these situations, the bloke who did exactly the same to me despite admitting to the police that he just didnt look if anything was commin got NOTHING at all, not even a breath test! git.

hope it turns out ok mate, would be very suprised if 6+ points are issued tho
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Old 15-05-2008   #10 (Post Link)
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Re: Young drivers and penalty points (UK)

seek legal advice.

theres plenty of courses etc you can go on now to avoid points. costly but better than a ban/points. she may get a 6week ban or similar. i can't imagine it being a 12-24month ban.

good luck though
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Old 15-05-2008   #11 (Post Link)
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Re: Young drivers and penalty points (UK)

Originally Posted by Nev View Post
Yikes hope everyone way okay
after the accident.


I'd get proper legal advice on this one.
Thanks Nev, Jenny and her BF were fine, unfortunately the occupants of the other car were slightly injured.
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Old 15-05-2008   #12 (Post Link)
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Re: Young drivers and penalty points (UK)

Originally Posted by Alfaspeed View Post
You would have to get a pretty unforgiving judge to dish out a ban. Cant see that happening myself. Was she alone in the car or did she have friends with her? If she had friends then it may go against her as all young drivers are pidgeonholed into the "racer" category regardless. If she was on her own though i suspect 3 points and a severe telling off as a warning to pay more attention. Nothing to worry about.
She did have her Boy Friend with her, though I don't think speed was a factor, concentration probably was though
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