Can New Drivers Lose Their Licence After a Dangerous Driving Conviction in Scotland?
A letter arrives from the court. A citation has been issued. For a new driver, the concern often goes beyond the immediate allegation. The real fear is whether a dangerous driving offence could lead to a licence being lost altogether.
The answer is yes. In Scotland, a charge of dangerous driving can result in a driving ban, and the penalties for a new driver can be even higher due to the New Drivers Act. Understanding the process of revocation, disqualification and restoration of a driving licence can help drivers to assess their situation and make informed choices.
What Is a Dangerous Driving Offence in Scotland?
Dangerous driving is one of the most serious road traffic offences prosecuted in Scotland. The court considers whether the standard of driving fell far below what would be expected of a competent and careful driver.
Examples include excessive speed, aggressive overtaking, racing or driving that poses an obvious risk of serious harm. Evidence can include witness statements, dashcam footage, collision reconstruction reports or observations by Police Scotland.
How Does the New Drivers Act Affect a New Driver?
The New Drivers Act applies during the first 2 years after passing your driving test. This probationary period places stricter consequences on a new driver than those faced by more experienced motorists.
If a driver accumulates a total of 6 points within the first 2 years, the licence will be revoked by the DVLA. This can happen even where the court does not impose a ban.
Can a Dangerous Driving Conviction Lead to a Driving Ban?
Yes. Dangerous driving carries a mandatory disqualification. The court must disqualify a driver following a conviction unless very limited legal exceptions apply.
In many cases, the Sheriff Court will also consider whether imprisonment should be imposed. The length of any ban depends on the facts, the risk created, and the driver’s record.
What Is the Difference Between Revocation and Disqualification?
Many drivers confuse revocation with disqualification.
A driving disqualification is a court-ordered ban. Revocation occurs administratively when the DVLA removes a driver’s entitlement under the New Drivers Act. A revoked licence and a court-imposed ban are separate legal consequences.
Can a New Driver Lose Their Driving Licence After 6 Points?
Yes. If a new driver receives 6 or more penalty points within 2 years of passing, DVLA will revoke the driving licence.
This applies whether the points arise from one offence or multiple incidents. Points within the first 2 years are treated particularly seriously. Even 3-6 penalty points for one offence followed by another matter can place a license at risk.
What Happens After Police Scotland reports an Offence?
Following the investigation, Police Scotland submits a report to COPFS. Prosecutors look at the evidence available and decide if they will prosecute.
Some drivers are released on an undertaking. Others receive a citation requiring attendance at court. The date of the offence, available evidence, and public safety concerns will all be considered.
How Do Scottish Courts Deal With Dangerous Driving Cases?
Cases are commonly prosecuted in Sheriff Courts throughout Scotland, including Glasgow Sheriff Court.
The court considers witness evidence, expert reports and any footage that is available. The driver might have a sense of how things happened, but the evidence might tell a different story. That’s when a solicitor will often spot weaknesses or inconsistencies in the prosecution’s case.
What Happens to a Revoked Licence?
Once revocation takes effect, the driver cannot continue driving on a full licence.
The individual must apply for a new provisional licence. A new provisional licence does not automatically restore previous driving entitlement. The applicant must meet further requirements before driving independently again.
Can You Restore a Driving Licence After Revocation?
Usually, the process involves obtaining a provisional driving licence and retaking the theory and practical driving tests to regain your licence after revocation.
In some dangerous driving cases, an extended test or extended re-test may be required before a full licence can be restored. Drivers may need to resit both theory and practical assessments. Restoration of a driving license can therefore take considerable time.
When Should I Hire a Solicitor?
Early legal advice is often valuable. Decisions made during a Police Scotland investigation can affect the future course of proceedings.
A solicitor can assess whether the evidence is capable of proving dangerous driving, whether the allegation should instead be treated as a lesser driving offence, and whether any exceptional arguments are available. In appropriate cases involving totting, exceptional hardship submissions may help avoid a disqualification. Special reasons arguments can also arise in certain road traffic prosecutions.
If you are a new driver facing a dangerous driving allegation, contact SGT Law Firm as soon as possible. Visit our Dangerous Driving Solicitor Glasgow page to learn how our experienced road traffic defence solicitors can help protect your licence and your future.
