Is this going to be an automatic disqualification?
Discussion
I'll be brief as I'm sure similar scenarios have been covered before:
My sis has 9 points on her licence. They are all SP30s, 2 offences of 35 in a 30 and one for 57 in a 50.
Last week she 'thinks' she may have been scamera'd again in a 30 zone.
So, if this is the case:
Will this result in an automatic ban?
Will it have to go to court?
I've also read that you should, in all cases, ask for the photographic evidence supporting the offence.
Some people I've spoken to are of the opinion that if you do this then the case has to go to court ... is this true?
If anyone has any other bits of advice then they'll be gratefully received.
Rob.
My sis has 9 points on her licence. They are all SP30s, 2 offences of 35 in a 30 and one for 57 in a 50.
Last week she 'thinks' she may have been scamera'd again in a 30 zone.
So, if this is the case:
Will this result in an automatic ban?
Will it have to go to court?
I've also read that you should, in all cases, ask for the photographic evidence supporting the offence.
Some people I've spoken to are of the opinion that if you do this then the case has to go to court ... is this true?
If anyone has any other bits of advice then they'll be gratefully received.
Rob.
Depends on how old her existing points are etc. She could play a paperchase to stall things if some are close to coming off. While the advice on here is good, www.pepipoo.com is geared towards damage limitation in speeding cases. Could be well worth a trip over there.
If she has been flashed then within 15 days of the date of the offence she should be getting a communication from Safety Camera people with NOIP and 172 Form to name driver if she is the Reg Keeper.If they dont send NOIP out in 15 days then they cannot proceed.
If she gets the paperwork then:
On her Licence, go back 3 years from date of the current offence and count the points.
If only 6 outstanding then she should get a Conditional Offer - 60 notes and a further 3 points.
BUT if 9 points on her Licence then she will not get a CO but a Court appearnce for a possible 6 months ban under the totting prodecure.
If she can prove such a ban would cause her exceptional hardship i.e. loss of job, house etc, etc, then the Magistrates have the discretion not to ban. A good advocate needed if this is the case, consider a legal eagle well versed in traffic matters.
In the meantime pray that there might have been no film in the camera.
DVD
>> Edited by Dwight VanDriver on Wednesday 2nd February 16:16
If she gets the paperwork then:
On her Licence, go back 3 years from date of the current offence and count the points.
If only 6 outstanding then she should get a Conditional Offer - 60 notes and a further 3 points.
BUT if 9 points on her Licence then she will not get a CO but a Court appearnce for a possible 6 months ban under the totting prodecure.
If she can prove such a ban would cause her exceptional hardship i.e. loss of job, house etc, etc, then the Magistrates have the discretion not to ban. A good advocate needed if this is the case, consider a legal eagle well versed in traffic matters.
In the meantime pray that there might have been no film in the camera.
DVD
>> Edited by Dwight VanDriver on Wednesday 2nd February 16:16
I'll have to confirm this but I think 6 of the points are about to drop off in the next few months. But it still boils down the fact that she currently has 9.
I doubt she could argue that a licence disqualification would mean loss of job/house, but she has just had a baby so maybe a judge (if it comes to that) will be sympathetic and lenient.
6 month ban for 4 minor offenses seems harsh, but I suppose thems the rules.
So is she entitled to see the photographic evidence?
I doubt she could argue that a licence disqualification would mean loss of job/house, but she has just had a baby so maybe a judge (if it comes to that) will be sympathetic and lenient.
6 month ban for 4 minor offenses seems harsh, but I suppose thems the rules.
So is she entitled to see the photographic evidence?
Regarding the totting up, if all 9 of her existing points are within 3 years of the date of the latest offence then she's in schtuck. Stalling a few months won't help as it will still be 12 points within 3 years as it is the date of the offence that matters, not the date of conviction, and she can't get the earliest ones actually taken off her licence until they are four years old, for that very reason.
If an NIP should drop on the doormat then she needs to keep every bit of paperwork INCLUDING THE ENVELOPE, and pop onto pepipoo pronto for advice.
If an NIP should drop on the doormat then she needs to keep every bit of paperwork INCLUDING THE ENVELOPE, and pop onto pepipoo pronto for advice.
g_attrill said:
It is not advised to get somebody else to "take the points" - if found out it is likely to result in prison sentence. For somebody on nine points may well take more interest if they nominate somebody else.
Gareth
>> Edited by g_attrill on Wednesday 2nd February 21:29
Well as I said getting someone to 'take the points' is not an option. So it appears, as Blackstuff put it, she's in the schtuck.
The only hope is that the scamera didn't get her. Wait and see what the post brings now.
Rob, your sister's now effectively had three warnings to watch her speed. How many more times does she need to be told to slow down before she gets the message?
Is there something in the car distracting her from what she's supposed to be doing? Rug Rats or a mobile phone perhaps? or is she blonde?
If she manages to avoid another conviction, she really needs to consider some more driver training before she loses her licence. Perhaps that would be a good present for her next birthday/aniversary.
Is there something in the car distracting her from what she's supposed to be doing? Rug Rats or a mobile phone perhaps? or is she blonde?
If she manages to avoid another conviction, she really needs to consider some more driver training before she loses her licence. Perhaps that would be a good present for her next birthday/aniversary.
sparkythecat said:
If she manages to avoid another conviction, she really needs to consider some more driver training before she loses her licence. Perhaps that would be a good present for her next birthday/aniversary.
2 offences of 35 in a 30 and one for 57 in a 50
Yup, she's a menace to society.... As a parent I demand she's locked up before she murders someone
Dwight VanDriver said:
If she can prove such a ban would cause her exceptional hardship i.e. loss of job, house etc, etc, then the Magistrates have the discretion not to ban. A good advocate needed if this is the case, consider a legal eagle well versed in traffic matters.
As hard as I try, I just can't get my head round the logic behind that.
Isn't it time the whole points system was revisited or scrapped for something else?
BliarOut said:
If she manages to avoid another conviction, she really needs to consider some more driver training before she loses her licence. Perhaps that would be a good present for her next birthday/aniversary.
2 offences of 35 in a 30 and one for 57 in a 50
Yup, she's a menace to society.... As a parent I demand she's locked up before she murders someone
Snap but if her points come from fixed gatsos then I demand that she also has an eye test and then gets locked up as a heinous menace to society! At least when I got done as a young hothead MANY years ago they were doing me for "real" excesses, 60 in a 40 and 102 in a 70, so I didn't feel unjustifiably persecuted. But getting done for 35 in a 30 or 57 in a 50 would leave me spitting feathers.
anonymous said:
[redacted]
That's interesting. I once did something similar a couple of years ago when a talivan snapped the car in a 30 when the driver thought he/she was in a 40! (honest truth). We said several trips had taken place on that road that morning and we could not be certain who was driving but we think it "more likely" to have been my wife and I (as the RK) filled out the NIP to that effect. We never heard from them again.
"Reg"
nel said:
sparkythecat said:
If she manages to avoid another conviction, she really needs to consider some more driver training before she loses her licence. Perhaps that would be a good present for her next birthday/aniversary.
2 offences of 35 in a 30 and one for 57 in a 50
Yup, she's a menace to society.... As a parent I demand she's locked up before she murders someone
Snap but if her points come from fixed gatsos then I demand that she also has an eye test and then gets locked up as a heinous menace to society! At least when I got done as a young hothead MANY years ago they were doing me for "real" excesses, 60 in a 40 and 102 in a 70, so I didn't feel unjustifiably persecuted. But getting done for 35 in a 30 or 57 in a 50 would leave me spitting feathers.
Yup, I hope the ex president of the IAM isn't listening to you
sparkythecat said:
Rob, your sister's now effectively had three warnings to watch her speed. How many more times does she need to be told to slow down before she gets the message?
Is there something in the car distracting her from what she's supposed to be doing? Rug Rats or a mobile phone perhaps? or is she blonde?
I totally agree, she should've learned from the warnings. On occasion she has been distracted by the kids, and on two such occasions she has been caught speeding. She's been snapped by 2 gatsos and 2 mobile vans. She's not blonde, but didn't realise that you could/would lose your licence on 3 points, neither was she sure how long points remained on your licence. Suppose you only learn by asking the questions .... that's why I'm on here asking.
stepej said:
Or buy a gps gizmo
Indeed, which is something that I have recently done. Maybe I should donate it to her, a more worthy cause.
stepej said:
If she manages to avoid another conviction, she really needs to consider some more driver training before she loses her licence.
Or buy a gps gizmo
If you can stand the racket they make the Roadangel is brillint for warning of fixed site gatso's and alike....
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