Drivers urged never to make ‘common’ licence offence
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Drivers who accumulate 12 points on their licence will face an immediate driving ban for a minimum of six months and will be required to go to court for this offence. Speaking to Express.co.uk, Daniel ShenSmith, who shared free legal guidance on his Youtube Channel The Black Belt Barrister, revealed a “shockingly common” move many motorists make to try and alleviate the risk of a ban.
He said: “It’s shockingly common where somebody tries to take the points for a spouse or a friend or relative.”
Although taking points for a loved one might seem innocent, the move is actually classified as the prosecution of perjury, which is perverting the course of natural justice.
The consequences of being caught involved in such a scenario can be heavy.
Daniel told Express.co.uk: “We have we’ve been instructed to defend people go into the Crown Court for perverting the course of justice and you can face prison quite easily.
“You can face prison because they do not like people trying to lie their way out of an offence.
“That’s the biggest no-no to take away from all of this.
“Don’t try and blame someone else, because that’s perverting the course of justice and that is taken far more seriously.”
Research suggests around 300,000 drivers have accepted points on their licence when a friend or family member was caught speeding.
A survey published by Auto Express in 2018 found that 49 percent of people who had accepted points onto their licence had done so for a partner.
Speaking in one of his YouTube videos, Daniel said: “You see, many people might think it is relatively harmless to say that they were driving instead of their spouse.
“And this typically comes about when they have nine penalty points and another three would take them up to 12, meaning a court appearance and a likely ban unless they can show exceptional hardship.
“You see, lying about who was driving and therefore, taking the penalty points for someone else, is not as harmless as it seems.”
The practice has been found to be far more prevalent among males, with 28 percent of men saying they had taken points for someone else.
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By comparison, at the time, just 10 percent of women had admitted to doing so.
Taking penalty points on behalf of someone else, regardless of the circumstances, can lead to prosecution for perverting the course of justice, which carries a maximum penalty of a life sentence.
However, the average sentence for the crime is usually 10 months.
In his Youtube video, Daniel added: “In the attorney general reference number 17 of 2008 it was stated that it was only in the most exceptional circumstances that the person convicted of perverting the course of justice, would not receive an immediate sentence of imprisonment.
“I would firmly urge everybody to not even be the slightest bit tempted to take points for someone else or lie about who was driving.
“Because if the truth is discovered, then three points on your licence and a short ban are going to be far less things to worry about than facing Crown Court trial.”
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