If a new driver obtains 6 points on their licence within 2 years their licence will be revoked by the DVLA and they will revert to a provisional licence. This is not a matter for the court system.
A person who, when in charge of a vehicle which is on a road or other public place, is unfit to drive through drink or drugs is guilty of an offence.
Penalty: A minimum disqualification period of 12 months is mandatory. Imprisonment can be imposed.
One such case, heard at Glasgow Justice Court, saw the client acquitted after the Crown failed to secure evidence.
A person who is disqualified may apply to the court by which the order was made to remove the disqualification. Having your driving licence restored is subject to a number of factors, not least the duration of the period of disqualification and how much time has already passed since disqualification. The court will also consider the character of the person disqualified, their conduct since being disqualified, the nature of the offence, and any other circumstances of the case
A recent case heard at Glasgow Sheriff Court saw a business man, disqualified for the past two years with one more year to go, have his disqualification removed.
A person who promotes or takes part in a race or trial of speed between motor vehicles on a public road is guilty of an offence.
Penalty: Obligatory disqualification and a fine.
The Crown tend to prosecute cases such as these under Dangerous Driving, because the penalty is more severe.
We can try to persuade the court that the client was not, in fact, racing.
With over 30 years of experience Euan can advise and represent you to obtain the best possible outcome. Depending upon the evidence in each individual case, he will assess with you the evidence and advise you whether you should be going to trial or tendering a plea of guilty.