The Offence Of 'taking Points' - And The Consequences Of Doing So

With the number of speed cameras on the UK roads reaching over 5000

, more and more people are finding themselves facing a charge of speeding. Speeding is an offence which should not be underestimated - and neither should the potential consequences which, as most people realise, can be catastrophic. In the spring of 2011 the phenomenon of 'taking points' was bought to the public's attention as a key member of government faced being linked with such allegations. This article looks at when a driving ban is ordinarily likely to be imposed, what exactly is meant by 'taking points' and what this amounts to. It also addresses the consequences of being involved in the offence and whether there are any legal ways of avoiding a driving ban.

Speeding is a driving offence which results in the offender's licence being endorsed with a certain number of penalty points. The number of points received will vary between 3 and 6 (for each individual offence) depending on factors such as how fast the offender was travelling. The offending motorist may also receive a fine of up to 2,500. If a motorist receives 12 penalty points within a 3 year period they are faced, under the totting up rules, with an automatic driving ban of at 6 least months. It is the threat of this ban that leads some people to the temptation of persuading someone else to 'take' their points for them, i.e. pretend it was them who were driving the vehicle at the time that the speeding offence was committed. For example, if the offending motorist already had 10 points on his or her licence and was caught speeding once again (within the three year period) the chances of them receiving a further 2 points on their licence and therefore receiving an automatic ban from driving would be extremely high. In an attempt to avoid the ban, the offender may try to persuade somebody else to pretend they were driving and take the points for them.

'Taking points' - i.e. persuading somebody to take points for you or being the person that takes the points fraudulently - is a criminal offence. If charged, the offender could be convicted with perverting the course of justice and could face a prison sentence.

So are there any legal ways of avoiding a driving ban if you receive 12 points on your licence within a three year period? The only way to avoid a ban under these circumstances is to persuade the court that you would face 'exceptional hardship' if you were to lose your licence. Exceptional hardship does not just mean that you would lose your job if you lost your licence - the court will insist that you would have been well aware of this risk at the time you committed the offence. You must be able to show that members of your family, or other people that rely on you, would face exceptional hardship if you lost your licence. For example, if your mother is dependent on you (and your car) to take her to weekly hospital appointments for treatment for a serious illness, this may be enough to convince the court that you should not lose your licence. You must provide evidence to support your claim of exceptional hardship.

In summary, 'taking points' is a serious criminal offence which amounts to perverting the course of justice and could result in a prison sentence for anyone convicted of the offence.

Copyright (c) 2011 Robert Gray

by: Robert Gray

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