It's a joke, there are people who have more points than that and can still drive. The Magistrates who allow these people to escape a ban should be made to step down, totally unacceptable 
Its a joke isnt it. Why are some rules different for others? The magistrates at my court case had a letter saying I would lose my job yet they still ban me. It needs to be one rule for everyone and not one rule for some and a different for others (Im just a bit bitter is all
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I can't say I blame you, part of the problem is that with your offence there is all but no discretion so you get the minimum and that’s it but when someone is a totter there are a few things that are discretionary and it would appear as though these people have been allowed to drive a wagon and horses through what should if non existent a very small loop hole, the whole thing stinks !