Caught Speeding Advice Needed

Caught Speeding Advice Needed

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Discussion

SS2.

14,462 posts

238 months

Tuesday 5th May 2015
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Rusty569 said:
.surely I can't just walk into a courtroom to sit at the back and listen?
Family or youth, no.

Not a problem for normal days in the Magistrates Court, though - they are open and public hearings. Suggest tracking down an usher, explaining that you'd like to observe a few cases and they'll advise where to go, where to sit, how to behave, etc.

Disco_Biscuit

837 posts

194 months

Tuesday 5th May 2015
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I got caught doing 106 on M11 2 years ago, I had a clean license at the time, went to court, represented myself, got 6 points £350 fine, wasn't a great experience tbh, waiting for the court case was worse than outcome.

carl_w

9,179 posts

258 months

Tuesday 5th May 2015
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  • If* you get 6 points it could be better than having your licence revoked. You can retake your test the next day and carry on regardless (you'll still have 6 points though). It's not like a mandatory ban under the 12-point "totting up" process.

agtlaw

6,712 posts

206 months

Tuesday 5th May 2015
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carl_w said:
*If* you get 6 points it could be better than having your licence revoked. You can retake your test the next day and carry on regardless (you'll still have 6 points though). It's not like a mandatory ban under the 12-point "totting up" process.
Apply for a provisional licence, wait to receive it, apply for theory test, pass theory test, apply for driving test, pass driving test. Good luck doing that "the next day". Academic anyway as he's unlikely to get 6 points for 97/70.

Rusty569

Original Poster:

206 posts

107 months

Tuesday 5th May 2015
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I think even if I were to get 6 points it won't result in me having to take a retest, I have held a bike license since 10/11

popeyewhite

19,860 posts

120 months

Tuesday 5th May 2015
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Caught doing 120 in a 60. Fortunately I was braking so hard at the sight of the 'hidden' van they couldn't get a valid reading. Too close for comfort and I still watch that piece of road even now, about 15 years later.

Rusty569

Original Poster:

206 posts

107 months

Tuesday 5th May 2015
quotequote all
I see a problem here.
Due to the unique nature of UK bike licenses I think I could be in trouble.

History - I passed A 33bhp Restricted test on 10/11 (Category A2)
- This then automatically unrestricted itself 2 years later 10/13 (Category A)
- Passed driving test 03/14 (Category B)

Based on this my pink plastic license has 10/13 and 03/14 on it.
I need to phone the DVLA for clarification to the 'new driver' 6 point probation period.

My paper counterpart does list my A2 classification as a superseded entitlement (or something along those lines) with the correct date of 10/11 and I have the test pass certificate to prove I have held a valid Full UK Licence since that date (The 33bhp restriction used to implemented for under 21's for 2 year and automatically expire meaning I did pass a 'Full UK Motorbike Test' however it has now been replaced with a new more complicated system)

Starting to panic at the thought of actually loosing my license now rather than a brief ban or points.

LeighW

4,397 posts

188 months

Tuesday 5th May 2015
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Rusty569 said:
Sealine South said:
I was done in 2010 for 99.65 average on the m20 at 4 am. Hands up, admitted it on the spot. Was very humble and polite. Got £60 fine and 3 points on the spot, no court etc.

Proper policing.

You may be lucky as I was.
Nope, unfortunately he said his hands are tied as I clocked over 96mph on his gun and thats the cut off point for a fixed penalty in a 70mph zone
That's what the officer told me when he clocked me at 99 on a 70 limit dual carriageway. I didn't attend court, just admitted the offence by post and got 5 points and a chunky fine. This was back in 1998 though.

SS2.

14,462 posts

238 months

Wednesday 6th May 2015
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Rusty569 said:
I see a problem here.
Due to the unique nature of UK bike licenses I think I could be in trouble.

History - I passed A 33bhp Restricted test on 10/11 (Category A2)
- This then automatically unrestricted itself 2 years later 10/13 (Category A)
- Passed driving test 03/14 (Category B)

Based on this my pink plastic license has 10/13 and 03/14 on it.
I need to phone the DVLA for clarification to the 'new driver' 6 point probation period.
The 2 year probationary period for new drivers begins when you first pass a test to drive a vehicle of any class.

It matters not that the rules applying to licences and categories may have changed since the first test was passed.

IATM

3,793 posts

147 months

Wednesday 6th May 2015
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Pwig said:
Oh and best bit of advice I ever read was go to court a few weeks before and just sit in for an hour or so. You will get used to the court system and not appear like a rabbit stuck in the headlights when you eventually have your case.
I felt it was better to appear as if you were a rabbit stuck in headlights - you dont want to give the impression your there all the bloody time lol

SS2.

14,462 posts

238 months

Wednesday 6th May 2015
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hora said:
You cant 'loose' your licence in the first two years its automatically revoked if you receive 6points. Regardless of how long youve had a bike licence.
If you've passed a test which meets the criteria defined in Road Traffic Act then, irrespective whether that test was for a certain class of motorcycle, the 2 years start from that date.

Rusty569

Original Poster:

206 posts

107 months

Wednesday 6th May 2015
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Been on the phone with the DVLA, new drivers act is in force from when I first passed any full UK driving test i.e. 03/11 when I passed my A2 test so I currently have zero points on my license and I would need to get 12 in order to get a totting up ban.
Obviously the court could still decide something out of the ordinary but as far as I am concerned the possibility of having my driving license revoked and having to resit my tests is very very low so I can try to relax a little and now deal with whatever penalty the court see fit to impose.

I checked my online drivers record (The DVLA has a new system where you can do that) and it says my license is valid from 03/14 however the lady on the phone informed me thats just the last time they physically issued me with a photo and paper counterpart license and has nothing to do with the new drivers act.

SS2.

14,462 posts

238 months

Wednesday 6th May 2015
quotequote all
Rusty569 said:
Been on the phone with the DVLA, new drivers act is in force from when I first passed any full UK driving test i.e. 03/11 when I passed my A2 test so I currently have zero points on my license and I would need to get 12 in order to get a totting up ban.
It's what [most] people here have been saying, but no doubt a relief to get it from the horse's mouth.

Rusty569

Original Poster:

206 posts

107 months

Wednesday 6th May 2015
quotequote all
Been on the phone with the DVLA, new drivers act is in force from when I first passed any full UK driving test i.e. 03/11 when I passed my A2 test so I currently have zero points on my license and I would need to get 12 in order to get a totting up ban.
Obviously the court could still decide something out of the ordinary but as far as I am concerned the possibility of having my driving license revoked and having to resit my tests is very very low so I can try to relax a little and now deal with whatever penalty the court see fit to impose.

I checked my online drivers record (The DVLA has a new system where you can do that) and it says my license is valid from 03/14 however the lady on the phone informed me thats just the last time they physically issued me with a photo and paper counterpart license and has nothing to do with the new drivers act.

stephen300o

15,464 posts

228 months

Wednesday 6th May 2015
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I was caught at 100mph, no ban, no re-test, no speed awareness course, just six points. (Was a clear bright day with little traffic).

schmalex

13,616 posts

206 months

Wednesday 6th May 2015
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I expect it's going to hurt, OP. Back in 1999, I was clocked at 97 on a completely empty stretch of the M40 at 10am on a dry, clear day, whilst driving a 3 month old Golf GTI. As soon as I saw the police car, I slowed to 60 and waited for him to pull me. I was provided a court summons and pleaded guilty with the mitigation that my Grandfather was dying and I was rushing to get to his bedside (he died about 4 hours after I was caught).

The court kindly decided my mitigation was not sufficient and decided to land me 5 points and a £600 fine (a fair chunk of change 16 years ago!)

Patch888

701 posts

128 months

Wednesday 6th May 2015
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schmalex said:
I expect it's going to hurt, OP. Back in 1999, I was clocked at 97 on a completely empty stretch of the M40 at 10am on a dry, clear day, whilst driving a 3 month old Golf GTI. As soon as I saw the police car, I slowed to 60 and waited for him to pull me. I was provided a court summons and pleaded guilty with the mitigation that my Grandfather was dying and I was rushing to get to his bedside (he died about 4 hours after I was caught).

The court kindly decided my mitigation was not sufficient and decided to land me 5 points and a £600 fine (a fair chunk of change 16 years ago!)
I understand that the law is the law but after explaining your actions in court that's really harsh.

popeyewhite

19,860 posts

120 months

Wednesday 6th May 2015
quotequote all
Patch888 said:
schmalex said:
I expect it's going to hurt, OP. Back in 1999, I was clocked at 97 on a completely empty stretch of the M40 at 10am on a dry, clear day, whilst driving a 3 month old Golf GTI. As soon as I saw the police car, I slowed to 60 and waited for him to pull me. I was provided a court summons and pleaded guilty with the mitigation that my Grandfather was dying and I was rushing to get to his bedside (he died about 4 hours after I was caught).

The court kindly decided my mitigation was not sufficient and decided to land me 5 points and a £600 fine (a fair chunk of change 16 years ago!)
I understand that the law is the law but after explaining your actions in court that's really harsh.
It's not harsh it's just pathetically dogmatic: The large fine will be given for its deterrent effect. But personally the threat of any fine, no matter how large or small, would deter me from getting to a mortally ill relative's bedside ASAP. Sometimes magistrates really are in cloud cuckoo land.

Rusty569

Original Poster:

206 posts

107 months

Wednesday 6th May 2015
quotequote all
Patch888 said:
I understand that the law is the law but after explaining your actions in court that's really harsh.
I agree the law is the law and the same speed limits apply to us all regardless of circumstances, however if your circumstances are not mitigating I don't know what it.
Personally in that situation I would give little regard to the posted speed limit and drive as fast as I thought were safe for the conditions without posing a danger to myself or others around me. No point dieing yourself trying to visit a dieing relative.

It just shows though what happens in court seems to have no logic or paturn it depends more on if the magistrate got his leg over that morning that it does on your mitigating circumstances in my opinion.

Sheepshanks

32,750 posts

119 months

Wednesday 6th May 2015
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schmalex said:
I was provided a court summons and pleaded guilty with the mitigation that my Grandfather was dying and I was rushing to get to his bedside (he died about 4 hours after I was caught).
Was there any suggestion they didn't believe you?

Who knows, indicating that you deliberately drove fast may have even worked against you?

Lucky I didn't get caught driving to see my Dad - I'd have probably been jailed.