Can I appeal the courts decision to endorse my driving licence with 9 points for a first offence? I was caught speeding (80mph in a 70 zone). I did not receive notification of this though the post. The first I was aware was when a police officer came to my house enquiring as to why I had not returned anything. After giving a statement I was later charged. One charge for the speeding offence, and one for not returning the name of the driver. I pleaded guitly to both charges to avoid going to court. The courts decision was 3 points for the SP30 and £120 fine, and 6 points for the MS90 and £180 fine. Can I appeal this?
Province/Country relating to question : scotland
Hi Thank you for your question.Given that you pleaded guilty to this any appeal would fail unless you can show that there was an error in law. The penalty points you were given are the statutory minimum for each offence so everything is correct there. Any error in service was cured when you pleaded guilty.The good news is that as both penalties were imposed at the same time the penalties are concurrent, that means that the three points are subsumed by the six, so you only have six points that count.
Thanks for your response. When you say that my 3 points are subsumed by the 6 points and only 6 count, does this mean I technically only have 6 active points on my licence. For example, if I was caught speeding in the future and was issued a fixed penalty of 3 points and £60 - would I loose my licence for having 12 points or would only 9 points count?Hope you can help. Thanks
You only have 6 points that count so if you get another 3 you will then have 9, not 12. When multiple points are given at the same time only the highest number counts.
LLB (Hons), Dip LP, NP
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