Totting Up
Author
Discussion

bryanl

Original Poster:

1 posts

260 months

Wednesday 16th June 2004
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I currently have 9 points on my license 6 of them from an IN10 driving without insurance when my company assured me I could drive my Irish company car in the UK and as it transpired I couldnt 6 points and a £500 fine... I also picked up an SP30 which is when I invested in a Road Angel. Anyway that turned out to be rubbish as it didnt pick up a camera van I was doing about 55 in a 50 zone just after a 60 zone and was slowing down by not accelerating. So in my eyes two things are possible, the Road Angel didnt go off because the radar wasnt on at the time (I hope) or I get another 3 points and a ban, my 3 years would be up on the 28th July -- so close !!!

So my question is, all of the sites say you will get 6 months ban, but in reality is this the case, I would defeinetly lose my job and since my wage keeps my wifes business afloat at the moment, that would close and 2 full time employees would also be out of a job as a result of that, I dont know if they would take that into account ? I travel extensively as part of my job so public transport is not an option. So has anyone been in similar circumstances and recieved a shorter ban for maybe a few weeks and then got a clean license back -- that would be perfect ever since that IN10 I got through no fault of my own really we all rely on what our car fleet administrators tell us its all been down hill from there, I woul appreciate your thoughts..

bindit

2,357 posts

287 months

Wednesday 16th June 2004
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Hi Bryan,

sorry to hear about your current predicament. Does your Road Angel pick up laser? Thats what most of the scamera vans use now. 55 in 50 should be ok, but i'm sure someone on here will say otherwise. IIRC its the date of offence that counts when working out totting up bans!

I was in the same predicament a couple of months ago and currently have 12 points on my licence, all collected in the past 2 years, but have not been banned!

The ban would be for six months for a first offence under totting up, but i should think you could argue due hardship with the aid of a lawyer.

When i got laser'd by a scamera van whilst on nine points, i filled out the NIP and sent it back along with a cheque for £60, even though i should have gone to court.. worth a try i thought.

Well, they either didn't check, or what i like to think is that someone used some common sense and realised that taking someones licence away for doing 80 feckin mph along a deserted (70mph) dual carraigeway on a beautiful spring morning was somewhat unnecessary...but then i've always been a bit of an idealist!

PS my company offered to pay for a solicitor, sounds like thats the least yours could do!

Good luck.







>> Edited by bindit on Wednesday 16th June 17:57

Dwight VanDriver

6,583 posts

266 months

Wednesday 16th June 2004
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From what you say you can put forward that a ban would cause hardship. The Magistrates have a discretion not to ban under such circumstances. BUT YOU WILL HAVE TO PROVE IT to their satisfaction.

Apparently it also has been known for a plea to be made to the Bench for a short disqualification to be given for the current offence (30 -40 days) leaving the other 9 points on the Licence as a deterent. (I am told it is R v JONES ????)The ban knocks out points for the offence.

As stated seems you need the services of a good solicitor with traffic law knowledge to plead your case on either of the above.

DVD