Lawyers Reading

Reading Road Traffic FAQs

How many points can I have on my license before I get disqualified ?

You can “tot up” 12 penalty points before you get disqualified.

How long will I be banned from driving if my license is revoked?

The minimum is six months.  However, you can be banned for longer if you commit a serious offence, such as drink driving.

Can I be disqualified for having less than 12 points on my license?

Yes, you can be disqualified without having 12 points on your licenses as some offences either attract a compulsory ban or a ban that is at the discretion of the courts.  If you have been caught speeding way above the speed limit, you may be given a discretionary ban, although this can less than six months.  Drink driving offences, on the other hand, attract bans of a minimum of  twelve months.

Are there any defences to being disqualified from driving?

Yes there is a defence.  If you can show that being banned will cause you “unreasonable hardship” the courts may decide to not revoke your license, although you should bear in mind that this is at the court’s discretion.  In crafting an unreasonable hardship defence, you should consult an experienced road traffic solicitor.

What is an example of unreasonable hardship?

There is no set definition of unreasonable hardship.  However, a driver whose livelihood is contingent on his ability to drive would be a good example of where a driving ban may result in unreasonable hardship.

What is the “14 day rule” in the context of speeding?

If you have been flashed by a speed camera, then the police must send out a Notice of Intended Prosecution (hereafter referred to “NIP”) within 14 days of the offence.  If you were driving your own car at the time of the offence, and it takes longer than 14 days for the police to send out a NIP (you must give a few days allowance for postage), the police will not be able to prosecute you.  If you were driving a company car, however, the police have a longer amount of time to ascertain who the driver was and send out a NIP.

I was not driving the vehicle and I have now been charged with a speeding offence.  Can I be prosecuted?

Whilst you cannot be prosecuted for the offence itself (if you can show that you were not actually driving the car at the time of the offence), it is an offence to not inform the police as to who was actually driving the car at the time of the offence.

I have been stopped for an alleged road traffic offence and only one police officer was present at the time.  Is this legal?

Yes it is legal unless you were stopped for speeding.  In these circumstances, a second officer will need to be present to confirm that you were in fact speeding.