Levy & McRae Client Stripped of Penalty Points
Client Stripped of Penalty Points
Levy & McRae acted on behalf of a client potentially facing disqualification under the totting up provisions whereby once a driver accumulates twelve or more penalty points on their driving licence they are automatically disqualified from driving for at least six months. The client who is self-employed requires his licence for work.
We identified that penalty points previously imposed by a Court in relation to a previous offence may have been imposed in error. We contacted the Clerk of Court who was unwilling to allow the points to be imposed to be amended. The period for an appeal against sentence had passed prior to our instruction. Following discussions with the Crown involving Crown Office, we were able to arrange for an application to be made to Court by the Crown to have the penalty points removed from the driver’s licence. The client has avoided the possibility of being disqualified under the totting up provisions and an exceptional hardship hearing.