We are all familiar with the recent prosecution against the former MP Chris Huhne and his ex-wife Vicky Pryce, who took his penalty points for speeding. The resulting court case, the custodial sentences they received and the on going issue of who should pay the costs of bringing the prosecution have been the subject of headlines for months. What might not be so clear however, is why this situation arose in the first place.

With any road traffic offence, it is essential to take legal advice at an early stage to minimise reputational damage and the impact on your licence. First, your solicitor will consider whether you have a defence. For example, if a Notice of Intended Prosecution is required, have the police issued it within the required timescale? If your prosecution is for speeding, was the speed signage correct? Traffic signs must be the colour, type and size authorised by the Secretary of State, but you would be surprised how many signs do not comply.

In many situations however, there is no defence and in those cases, your lawyer will look to achieve the best possible outcome for you. There might be what we call ‘special reasons’ that mean you could avoid your licence being endorsed with points. Have you considered the consequences of the loss of a driving licence: mere inconvenience, or the loss of your job and all that may result from that? In these difficult economic times, securing a new job is tougher than ever, especially with a tarnished driving licence.

The law says that when a driver accumulates 12 or more points on a licence over a three-year period, a Magistrates’ court must consider disqualifying the driver for a minimum period of six months. However, a specialist lawyer can make arguments to persuade the court not to impose a disqualification, or to impose a disqualification for a shorter period. Perhaps you care for an elderly relative, or have children to transport, and loss of your licence could affect them. If you or others would suffer exceptional hardship because of a disqualification, the court will bear that in mind when determining your sentence. It is your responsibility to put forward a case of exceptional hardship, so it is essential to get early advice to prepare a robust argument.

With hindsight, no doubt Mr Huhne wishes he had consulted a solicitor and made a better choice, which would have avoided arrest, custodial sentence and substantial legal costs.

If you are facing a road traffic prosecution, the most important thing you can do is to get early legal advice. But whatever you do, don’t ask someone else to take your points for you. Don’t ignore that envelope and hope it all goes away, or try to cobble together your own defence from a combination of urban myth and Google, as that is likely to make matters far worse.

Don’t let penalty points ruin your lifeby Caroline DunneConsultant, road traffic teamIBB Solicitorscaroline.dunne@ibblaw.co.uk

Let us point the wayFacing points on your licence? Speak to us as soon as possible about protecting your licence, your reputation and your livelihood.

For realistic, plain English advice from specialist solicitors who can guide you through the system and the process, contact:

Caroline Dunne Iskander Fernandez caroline.dunne@ibblaw.co.uk iskander.fernandez@ibblaw.co.uk 01895 207214 01895 207863

08456 381381ibblaw.co.uk