Banned...now what!
Discussion
Monday 5th July I received a 3 month ban for speeding on a motorway in a 70mph limit.
A few questions: -
Assume this is 84 days and the ban will end at midnight on a day but which day? Does the court day count as the first day?
My license is revoked and I have to re-apply before the end of the ban...how soon before and what if they don't issue a new one before the day the ban ends?
Because I had 6 points already I was advised by my cousel not to use my occupation to try and avoid the ban as I would get a ban under totting anyway. I was also advised not to try and reduce the ban as if I was banned for more than 56 days I would get the license back with just the ban and no points. I was told in court I was banned for the offence only and would keep my existing points when my license was returned. I did some research and in another forum found a guy in a similar scenario who with counsel walked away with a 10 day ban and only a £100 more fine than I did (keeping existing 6 points). Now feeling a little dischuffed but guessing I've missed the boat. Anyone know if there is any chance my brief was right and I won't have the points when my license returns (evidence from other forum suggests not)...or if there is anything I can do at this late point as I had clear mitigation for a much shorter ban.
A few questions: -
Assume this is 84 days and the ban will end at midnight on a day but which day? Does the court day count as the first day?
My license is revoked and I have to re-apply before the end of the ban...how soon before and what if they don't issue a new one before the day the ban ends?
Because I had 6 points already I was advised by my cousel not to use my occupation to try and avoid the ban as I would get a ban under totting anyway. I was also advised not to try and reduce the ban as if I was banned for more than 56 days I would get the license back with just the ban and no points. I was told in court I was banned for the offence only and would keep my existing points when my license was returned. I did some research and in another forum found a guy in a similar scenario who with counsel walked away with a 10 day ban and only a £100 more fine than I did (keeping existing 6 points). Now feeling a little dischuffed but guessing I've missed the boat. Anyone know if there is any chance my brief was right and I won't have the points when my license returns (evidence from other forum suggests not)...or if there is anything I can do at this late point as I had clear mitigation for a much shorter ban.
As I understand it if banned as a result of totting then the ban is 6 months and points off Licence on return (unless hardship plea is granted and points remain on DL and same excuse cannot be used for 3 years)
A new ploy being employed by briefs etc where totting is involved is to suggest to Mags that they ban for the offence that they are at Court for and a shorter period. The effect of this is that the ban is short and sharp and as a deterent then the points from previous transgressions remain on the Licence. It is for the Mags to decide if this is acceptable and the duration of the ban.
I have an inkling that similar came from a High Court case R v JONES ???? but so far have been unable to see the actual judgement.
Understand that clock starts ticking from midnight of day of ban.
56 days before the ban ends you should receive some forms from DVLA (D27 and D750). Complete these and with your fee for the new Licence and proof of ID (this can be done at PO) return to DVLA. If you haven't heard anything 1 month before ban ends then suggest you harrass DVLA.
DVD
>> Edited by Dwight VanDriver on Thursday 8th July 07:49
A new ploy being employed by briefs etc where totting is involved is to suggest to Mags that they ban for the offence that they are at Court for and a shorter period. The effect of this is that the ban is short and sharp and as a deterent then the points from previous transgressions remain on the Licence. It is for the Mags to decide if this is acceptable and the duration of the ban.
I have an inkling that similar came from a High Court case R v JONES ???? but so far have been unable to see the actual judgement.
Understand that clock starts ticking from midnight of day of ban.
56 days before the ban ends you should receive some forms from DVLA (D27 and D750). Complete these and with your fee for the new Licence and proof of ID (this can be done at PO) return to DVLA. If you haven't heard anything 1 month before ban ends then suggest you harrass DVLA.
DVD
>> Edited by Dwight VanDriver on Thursday 8th July 07:49
Thanks for the reply Dwight_VanDriver
This is what I was referring to from another forum in case you were interested. My brief had a copy of the guidelines used by the mags but must have got it wrong. Cost me a hefty chunk of extra ban but saved me about a £1000 plus in solicitors fees and aditional fine so have to look for the plus side...still, would rather have had only 10 days though
Here ya' go
This might interest UK members. I hope it's useful.
>
> I went to the Magistrates' Court in Abergavenny
> yesterday.
>
> I already had 6 points within the last 3 years and
> another 6 would have
> given me 12, resulting in an automatic 6-month ban
> unless I could prove
> exceptional hardship. However, there is the
> possibility of
> disqualification for the offence itself, meaning
> that you get an
> immediate ban without additional points. The
> existing points stay, of
> course. Getting only 3-5 points was virtually
> impossible.
>
> The solicitor said the best bet was to make it seem
> to the magistrates
> that the second option was almost taken for granted,
> and then to work
> on the length of disqualification. I expected up to
> 3 months.
>
> It was my great good fortune that the Clerk seemed
> to be guiding the
> magistrates in that direction too, and they went for
> that. The
> solicitor then did a wonderful job explaining how
> fast and safe the
> Yamaha is, and how a momentary lapse did not deserve
> a lengthy ban.
>
> I GOT 10 DAYS!
>
> This was far better than I expected and causes me no
> hardship at all. I
> use the bicycle to go to work, go to town, etc.,
> anyway. My GF is also
> in easy cycling distance, so again no problem if
> we're just going to
> the pub, cinema, etc. I got fined 400 + 35GBP costs,
> which I can cope
> with.
>
> I was unaware of the importance of being banned for
> less than 56 days.
> More than that means that your licence is revoked
> and you have to apply
> to get a new one, less means your licence is only
> suspended, then
> returned to you. Also, a ban of over 55 days during
> the previous 3
> years means a totting-up ban becomes 12 months
> instead of 6, or 2 years
> for 2 or more such bans. It also seems that in Gwent
> at least,
> disqualification for the offence itself will usually
> be considered for
> exceeding a speed limit by 25 MPH (not 30 as I had
> assumed).
>
> Otto
> (Much Relieved!)
Just to put some detail on this...this guy was doing 108mph in a 70 and I was doing 124mph in a 70. I still got banned for the offence with no additional points and no points wiped as he did. The difference was he had a brief in court and mine advised me not to take him. Wish I'd read this first so if anyone is facing the same you know what to do!
This is what I was referring to from another forum in case you were interested. My brief had a copy of the guidelines used by the mags but must have got it wrong. Cost me a hefty chunk of extra ban but saved me about a £1000 plus in solicitors fees and aditional fine so have to look for the plus side...still, would rather have had only 10 days though
Here ya' go
This might interest UK members. I hope it's useful.
>
> I went to the Magistrates' Court in Abergavenny
> yesterday.
>
> I already had 6 points within the last 3 years and
> another 6 would have
> given me 12, resulting in an automatic 6-month ban
> unless I could prove
> exceptional hardship. However, there is the
> possibility of
> disqualification for the offence itself, meaning
> that you get an
> immediate ban without additional points. The
> existing points stay, of
> course. Getting only 3-5 points was virtually
> impossible.
>
> The solicitor said the best bet was to make it seem
> to the magistrates
> that the second option was almost taken for granted,
> and then to work
> on the length of disqualification. I expected up to
> 3 months.
>
> It was my great good fortune that the Clerk seemed
> to be guiding the
> magistrates in that direction too, and they went for
> that. The
> solicitor then did a wonderful job explaining how
> fast and safe the
> Yamaha is, and how a momentary lapse did not deserve
> a lengthy ban.
>
> I GOT 10 DAYS!
>
> This was far better than I expected and causes me no
> hardship at all. I
> use the bicycle to go to work, go to town, etc.,
> anyway. My GF is also
> in easy cycling distance, so again no problem if
> we're just going to
> the pub, cinema, etc. I got fined 400 + 35GBP costs,
> which I can cope
> with.
>
> I was unaware of the importance of being banned for
> less than 56 days.
> More than that means that your licence is revoked
> and you have to apply
> to get a new one, less means your licence is only
> suspended, then
> returned to you. Also, a ban of over 55 days during
> the previous 3
> years means a totting-up ban becomes 12 months
> instead of 6, or 2 years
> for 2 or more such bans. It also seems that in Gwent
> at least,
> disqualification for the offence itself will usually
> be considered for
> exceeding a speed limit by 25 MPH (not 30 as I had
> assumed).
>
> Otto
> (Much Relieved!)
Just to put some detail on this...this guy was doing 108mph in a 70 and I was doing 124mph in a 70. I still got banned for the offence with no additional points and no points wiped as he did. The difference was he had a brief in court and mine advised me not to take him. Wish I'd read this first so if anyone is facing the same you know what to do!
dontlift said:
You should change it to Tom_New_Trainers
lol
I take it you are referring to the blatant reference to the car in the name. Sorry for being pleased with what I have, it's not a TVR, but the best car I've had. Could've been worse, could've been TOM_NOVA_REARWING_BLUENEONLIGHTS but don't see why I couldn't be proud of that if it were the truth. This is called PetrolHeads after all. Take the point that could have left it out though
I could just list every car and bike I've ever had in my profile...sorry went for the blatant photo of the TT. I do wear trainers, even designer trainers amongst other clobber...no shame...no shame at all...I drive a TT don't I
Well not strictly true now. In defence I picked the name before I realised this site goes far beyond guys talking about bhp, torque etc.
I accept the criticism but obviously now can never change my name to TOM_NEW_TRAINERS (maybe I could bracket it)
Indeed..it was very late..or early...depending on how you want to look at it...and it did go over my head...at the time...only got it later after posting 
Doh!
myself in the head
Ummmm again
I'll keep my eye out for a pair
to all of you for being sharper than me
Oh! And look who decided to go wild with the smiley legend...still sad Hopefully I'll get the hang soon
Doh!
myself in the head Dibble said:
This is called PetrolHeads after all.
Er, actually, it's PistonHeads...
Look, up there, top left corner of the screen...
Ummmm
again BliarOut said:
Tom, how about some of those trainers with neons in? My kids love them
I'll keep my eye out for a pair to all of you for being sharper than me Oh! And look who decided to go wild with the smiley legend...still sad
Hopefully I'll get the hang soon Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff