Stormin wrote:
As one post says if you are a new driver you could possibly face a ban (if had a licence for less than 2 years) so I would definitely attend court on this one to plead for your licence but I think a ban is usually automatic unless exceptional circumstances so you have nothing to lose by attending if necessary as you could explain extreme hardship etc. if you lose your licence (which may mean loss of job etc.).
The new driver rules kick in when someone, within 2 years of passing their FIRST test, reaches 6 points or more.
For the OP, if he gets 5 or less he will be able to keep on driving.
If the court disqualify him, it would be for a maximum of 56 days (assuming no previous bans or points) after which he gets his licence back.
In neither of those cases do the new driver rules apply.
If he gets 6 points the new driver rules will apply.
The court will NOT ban him. At some time in the next few weeks he will get a letter from the DVLA stating a date from which his licence is revoked. He will need to apply for a new licence.
If he drives after the revocation date and before he has physical possession of his new licence he will be guilty of driving without a licence (NOT driving while disqualified although the law on this may change in the near future).
When his new licence arrives it will be a provisional, so he can drive with L plates, a supervising driver and suitable insurance. As soon as he passes a test (both parts) he can tear up the L plates.
There is no appeal against a DVLA decision to revoke a licence in these circumstances. Courts have been directed not to reduce points to avoid revocation as it is will of parliament that such drivers should re-take a test.
So any attempt to mitigate down from 6 to 5 should fail. A succesful mitigation to avoid a disqualification could leave him with 6 points, and depending on waiting lists locally and the standard of his driving could take longer to be driving solo than serving a short ban.