24 points in a week
Discussion
FIL has got his self into a right mess.
History: 0 points throughout his driving history.
No bother with the BIL due to traffic offences ect.
The f
k up: started a new job a few weeks ago in an area he is not familiar with ( construction), travel’s along a duel carriage which is a 60mph limit. Swears blind he hasn’t seen any other road signs / markings suggesting it’s a 50mph limit. Come to the conclusion there is road works going on.
The question: I have no idea if there are no signs stating a 50 limit or the FIL just hasn’t paid attention ( my guess is the latter), so a ban is guaranteed but do the courts take different circumstances into consideration. E.G new area / same road ( unlikely someone would speed on the same road knowing it was a lower limit knowing they would get caught ), it’s also worth noting he was caught at 60mph + / - 2mph on all occasions. So is it a case of accept and deal with it or go to court and try and explain a genuine mistake ( I know they hate when speeders choose to go to challenge. Would love AGTlaw’s and any one else’s advice. Unfortunately funds do not allow a specialist solicitor. Cheers in advance PH’s.
History: 0 points throughout his driving history.
No bother with the BIL due to traffic offences ect.
The f
k up: started a new job a few weeks ago in an area he is not familiar with ( construction), travel’s along a duel carriage which is a 60mph limit. Swears blind he hasn’t seen any other road signs / markings suggesting it’s a 50mph limit. Come to the conclusion there is road works going on. The question: I have no idea if there are no signs stating a 50 limit or the FIL just hasn’t paid attention ( my guess is the latter), so a ban is guaranteed but do the courts take different circumstances into consideration. E.G new area / same road ( unlikely someone would speed on the same road knowing it was a lower limit knowing they would get caught ), it’s also worth noting he was caught at 60mph + / - 2mph on all occasions. So is it a case of accept and deal with it or go to court and try and explain a genuine mistake ( I know they hate when speeders choose to go to challenge. Would love AGTlaw’s and any one else’s advice. Unfortunately funds do not allow a specialist solicitor. Cheers in advance PH’s.
Edited by seabod91 on Sunday 18th April 20:16
I had a similar experience but I was caught speeding and already had 9 points, so 3 more would of been a ban. My job at the time meant I was doing a lot of driving so I needed my license to do my job. I wrote a letter that said something along the lines of needing my license for work and as I had been out of work until recently and was just getting back on my feet, I couldn’t afford to lose my job.
You might be able to avoid a ban if you can prove you have extenuating circumstances i.e. you need to drive to work to keep your job. What might happen then is you’ll get a bigger fine and 11points. But at least won’t lose your licence.
You might be able to avoid a ban if you can prove you have extenuating circumstances i.e. you need to drive to work to keep your job. What might happen then is you’ll get a bigger fine and 11points. But at least won’t lose your licence.
They won’t combine the offences in the sense that they would consider it a contiguous journey, but they might be amenable to an argument that a driver ought to have been given the chance to moderate their driving after having received the first FPN, rather than getting a bunch of them at once, enough to be banned twice over.
Don’t know if it’s likely it would be knocked down to 3 points though.
Don’t know if it’s likely it would be knocked down to 3 points though.
seabod91 said:
do the courts take different circumstances into consideration. E.G new area / same road ( unlikely someone would speed on the same road knowing it was a lower limit knowing they would get caught )
If this was the case, anyone driving in a new area could speed and not get any points, so can't see this being a good argument to put forward for avoiding the points. I'd think they'd say he wasn't being observant enough while driving in an area he was not familiar with. Edited by seabod91 on Sunday 18th April 20:16
Get a lawyer.
I had this many years ago where on a single journey I picked up 3 offences, 2 speeding and invalid insurance to add to my existing 3.
They applied all the points and allowed me to keep my licence with 15 points on it. Car insurance was interesting for a while!
With the right advice it is amazing what can happen in court. Also you can appeal a magistrates decision in Crown Court (this is what I did).
I had this many years ago where on a single journey I picked up 3 offences, 2 speeding and invalid insurance to add to my existing 3.
They applied all the points and allowed me to keep my licence with 15 points on it. Car insurance was interesting for a while!
With the right advice it is amazing what can happen in court. Also you can appeal a magistrates decision in Crown Court (this is what I did).
poo at Paul's said:
Astonishing that the first he knew of this was when the nips start arriving.
How can you drive a car in a familiar or unfamiliar area and be so unaware of something so fundamental as the speed limit!
Amazing to have had a clean licence so long perhaps!
Alright, captain perfect.How can you drive a car in a familiar or unfamiliar area and be so unaware of something so fundamental as the speed limit!
Amazing to have had a clean licence so long perhaps!
M_A_S said:
Certainly has that feel about it. If it really was a dual carriageway then why wasn't he going 70? If it's actually single carriageway, and he was in a van, then it's a 50 limit.
That was my first thought...was he driving a car or a van? Possible the road is not a dual carriageway but a 4 lane single carriageway?
M_A_S said:
LordLoveLength said:
Is this in a car or a van? Speed limits for vans and cars are not the same.
Certainly has that feel about it. If it really was a dual carriageway then why wasn't he going 70? If it's actually single carriageway, and he was in a van, then it's a 50 limit.seabod91 said:
M_A_S said:
LordLoveLength said:
Is this in a car or a van? Speed limits for vans and cars are not the same.
Certainly has that feel about it. If it really was a dual carriageway then why wasn't he going 70? If it's actually single carriageway, and he was in a van, then it's a 50 limit.Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff



