12 POINTS HELP
Discussion
just had licence returned from scotland courts [ no court apperance ] with points added am i banned or not ?
3points come off in october this year sp60 68 mph in comercial van merc sprinter 3 points sp30 35 mph dual carriage way 3 points 40 in 30,,,,, 3 new points speeding 90ish mountain road . conditional offer which i sent licence up with payment fine £60.00 fully expecting to have offer revoked and to have court date set . just recieved licence back this morning with reciept for payment accepted and new points added total now 12 , but nothing to say appear in court or nothing else marked on licence , question is am i banned under totting up rule or just drive very very very slowly for next 3 years which i fully intend to do
3points come off in october this year sp60 68 mph in comercial van merc sprinter 3 points sp30 35 mph dual carriage way 3 points 40 in 30,,,,, 3 new points speeding 90ish mountain road . conditional offer which i sent licence up with payment fine £60.00 fully expecting to have offer revoked and to have court date set . just recieved licence back this morning with reciept for payment accepted and new points added total now 12 , but nothing to say appear in court or nothing else marked on licence , question is am i banned under totting up rule or just drive very very very slowly for next 3 years which i fully intend to do
No, you're not disqualified. You have to appear in court in person if they're considering disqualifying you.
I've known people with up to 21 points on their licence, who haven't been disqualified, as the disqualification under totting-up is discretionary and not mandatory as it would be, for instance, in a drink-driving case.
It'll be "driving miss Daisy" for you for a while I'm afraid, but at least you're still driving.
I've known people with up to 21 points on their licence, who haven't been disqualified, as the disqualification under totting-up is discretionary and not mandatory as it would be, for instance, in a drink-driving case.
It'll be "driving miss Daisy" for you for a while I'm afraid, but at least you're still driving.
Points in relation to 'totting' :
If any of the offences was COMMITTED more than three years before another, the penalty points in respect of that offence shall not be added to those in respect of the other.
and (Road Traffic Offenders Act 1988)
Sect 35.—(1) Where—
(a) a person is convicted of an offence involving obligatory or discretionary disqualification, and
(b) the penalty points to be taken into account on that occasion number twelve or more,
the court MUST order him to be disqualified for not less than the minimum period UNLESS the court is satisfied, having regard to all the circumstances, that there are grounds for mitigating the normal consequences of the conviction and thinks fit to order him to be disqualified for a shorter period or not to order him to be disqualified. (but no Court appearance has been involved)
(2) The minimum period referred to in subsection (1) above is—
(a) six months if no previous disqualification imposed on the offender is to be taken into account.
Looks like either:
The outstanding points haven't been calculated correctly by the Poster, or
Admin lash up by the Justices Clerks Office as from the above with 12 points the Court should have decided whether a 6 month ban imposed, a shorter ban or none at all. If this is the case when JCO inform DVLA of the points awarded alarm bells may ring and hornets nest exposed.
But I would say until the Court have pronounced a disqualification the Licence remains valid.
Road Traffic Offenders Act 1988 applies to scotland.
dvd
If any of the offences was COMMITTED more than three years before another, the penalty points in respect of that offence shall not be added to those in respect of the other.
and (Road Traffic Offenders Act 1988)
Sect 35.—(1) Where—
(a) a person is convicted of an offence involving obligatory or discretionary disqualification, and
(b) the penalty points to be taken into account on that occasion number twelve or more,
the court MUST order him to be disqualified for not less than the minimum period UNLESS the court is satisfied, having regard to all the circumstances, that there are grounds for mitigating the normal consequences of the conviction and thinks fit to order him to be disqualified for a shorter period or not to order him to be disqualified. (but no Court appearance has been involved)
(2) The minimum period referred to in subsection (1) above is—
(a) six months if no previous disqualification imposed on the offender is to be taken into account.
Looks like either:
The outstanding points haven't been calculated correctly by the Poster, or
Admin lash up by the Justices Clerks Office as from the above with 12 points the Court should have decided whether a 6 month ban imposed, a shorter ban or none at all. If this is the case when JCO inform DVLA of the points awarded alarm bells may ring and hornets nest exposed.
But I would say until the Court have pronounced a disqualification the Licence remains valid.
Road Traffic Offenders Act 1988 applies to scotland.
dvd
Edited by Dwight VanDriver on Saturday 21st July 13:45
thats just about what i thought fully expected to be banned under totting up , no excuses cant blame any body else , so would you expect for me to get further post informing of apperance in scotland , but if hornetts nest exposed after october 9th when 3 of the points come off how do i stand . was expecting to be banned till then any way with megga fine and slapped wrist. if im now not banned any body want to buy a mountain bike cheapish as i wont be needing it to travel to work and back
OLDMOULD said:
thats just about what i thought fully expected to be banned under totting up , no excuses cant blame any body else , so would you expect for me to get further post informing of apperance in scotland , but if hornetts nest exposed after october 9th when 3 of the points come off how do i stand . was expecting to be banned till then any way with megga fine and slapped wrist. if im now not banned any body want to buy a mountain bike cheapish as i wont be needing it to travel to work and back
Keep beady eye on case - just in case.Why the heck have you not bought a "useful gadget" before now? Tom Tom do have a speed cam location version. It also tells you your speed. Likewise the RA Sat Navv and the new origin "pogo" which combines B2 with a Sat Nav. Truly wicked gadgets and well worth the money as they do give you very useful information re schools/black spots and congestion charge/toll zones.
Look mate - be careful and think! C O A S T! I admit the family are on a "mission" if you like to promote this.
It does feature on the Lancs Speed \aware and DIS - we posted up the assessment sheet on Paul's site. It marks from 1 (bad) to 5 (super-excellent) per C O A (A=attitude ) S T assessment. We know people who attend this course. We did FOI on it. It's more like an IAM workshop in reality. I do not agree with how the folk get the invite. I admit to feeling easier in mind since they warn at low blip and invite at wider margin across speed limit board now.So I urge you to C O A S T. It helps you observe lolly and everything else
But do get a useful gadget and read the following:1. Mind Driving - Steve Haley (see Safespeed for decent price and Paul's cut
2. Highway Code
3. Know Your Road Signs
4. Driving - Essential Skills
5/6/7
Road Craft/Motorcycle Craft/.cycle Craft
8. Paul Riply's Expert Driving
9. IG's "blogs" over on Paul's site - especially his "Hendon Note book" which this policeman made as a trainee :wink:
Guy is honest. He's a bit squeamish. He admits to emptying his stomach in the past when called to incidents. He's common sense, very much "von like" at times but with a softer spot
He's a normal bloke though As his brother and sister who are with GMP and his older brother with the Met :lol: I've had IG more than once as a passenger in my car. Guy's a nightmare as he notes everything. It's like being on a "test". He does tell me what I did wrong and why he would fail me as a would be Black Rat
Sometimes he' gracious enough to pass me.
Guy trained at tender age of 23 at Hendon when with the Met.
He does train his team or supervises his team now. I think if he's "happy" - drive = comfy. ; to him.
He advocates COAST. He says this forms basis of acid correcting lectures and his DIS courses.
He's a Durham guy. Do | have to say more?
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