Choosing points or ban (hypothetical)

[zadumbreion]

If you find yourself going to court for excessive speed (this is purely hypothetical), are you allowed to state a preference for a ban over points? I have a totally clean license, and if I were to get caught doing serious speed, I would actually prefer a ban if it meant I could carry on afterwards with a clean license. I hate the thought of having points, I know it's daft. Worst of all I suppose would be a ban plus 9 points or something.

Is there any scope for asking for a ban rather than points? I assume everyone pleads against a ban, but not sure if it ever goes the other way?

Reminds me of a deeply unpleasant story regarding some nasty people (was it Tamil Tigers?) who asked one of their hostages which hand they would prefer her to cut off. She said her left hand, so they laughed and cut off her right hand. Just wondering if magistrates are also likely to go against your wishes?

[1jeb]

I've heard stories about people getting points instead of fines by showing that they don't have means to pay.

Think if you show that losing your licence will impact others or mean you lose your job, then you might get a bigger fine and fewer points.

I get the impression the courts have some degree of flexibility, though I'm by no means an expert...

Would imagine storming in with "I'm loaded, I want a fine and no points" might be counterproductive....

[10 Pence Short]

Some time ago I was in exactly the same position. The barristor gave me a choice of pushing for 11 points (he felt confident he could get that), or taking a short term ban. We both decided that a short term ban of a few weeks would be better than 3 years of risk.

[7db]

Points better than ban. Check with your insurer which would cost you less. You'll have to declare your ban for as long as you would your points.

Interestingly I heard from a magistrate who was begged for a ban rather than points the other day. They declined as they neither thought that it wasn't the right sentence. They were bemused as it wasn't in his interest in that instance.

[deeps]

Is it the case that if you get say a two week ban, after that when you start again all your previous points (that you picked up only 1 month previous) are removed and you have a clean licence capable of collecting another 12 points?

I can't believe it's that simple? I always thought after you served the ban your licence would revert back to 9 points, so any future points would tip you over the edge again, thus being a very strong detterent. Am I wrong?

[7db]

Points only removed through expiry or totting-up ban.

[M@H]

deeps said:

Am I wrong?

Yep. same licence points after the ban as before.

[s2art]

M@H said:

deeps said:

Am I wrong?

Yep. same licence points after the ban as before.

Nope. If a totting up ban then points are cleared after seving the ban.

[M@H]

s2art said:

M@H said:

deeps said:

Am I wrong?

Yep. same licence points after the ban as before.

Nope. If a totting up ban then points are cleared after seving the ban.

Sorry, was trying to answer the scenario posed.. yes totting up you start again, however IIRC if you have say 6 points, get a 2 month ban for something (say 140 on the M1), afterwards you go back to your 6 points again. (!?)

[Einion Yrth]

7db said:

Points better than ban. Check with your insurer which would cost you less.

Liverpool Victoria don't give a stuff about a short ban for speeding, they get a bit pissy about totting though, so it obviously depends on your insurer.