The Penalty Point System

Individuals convicted of serious driving offences, such as driving with excess alcohol, will almost inevitably face mandatory disqualification. Someone who persistently commits minor endorsable offences may escape discretionary disqualification, but will face disqualification imposed under the penalty points system.

Where a person accumulates 12 or more penalty points over three years, they will generally be disqualified for a minimum period of six months.

The penalty points system is a minefield. If a defendant becomes liable to disqualification under this procedure, it might be possible to claim that there are grounds for mitigating the normal consequence of conviction. If successful, the court may reduce the minimum period to which the offender is liable to be disqualified or may decide not disqualify at all. The court's discretion is, however, limited.

Sonn Macmillan Walker can advise as to the circumstances in which a court might not disqualify and represent you at court.