Points removal
Discussion
I'm a bit confused about how long points stay on a licence. I've got twelve of the buggers but luckily no ban as I have to travel to hospital frequently (being sick is gooood).
I've just been clocked at 60 on a 50 dual carriageway which will add three points to the others I received in March and April 2000. Are they still vaild? I know I should be locked up for ever, after all, 60 on a dual carriageway, what kind of monster am I? But I've just bought a new car and it would be sad to have to push it everywhere.
Thanks for your help.
I've just been clocked at 60 on a 50 dual carriageway which will add three points to the others I received in March and April 2000. Are they still vaild? I know I should be locked up for ever, after all, 60 on a dual carriageway, what kind of monster am I? But I've just bought a new car and it would be sad to have to push it everywhere.
Thanks for your help.
Assuming 3 more points will bring you to 12 again in the last three years then you will be liable to be disqualified as a totter. You cannot use the same mitigating circumstances you used before, but you may be able to find others?? Eg If losing your licence would lose you your job?
www.road-law.co.uk - motoring law for motorists
www.road-law.co.uk - motoring law for motorists
road-law said:
Assuming 3 more points will bring you to 12 again in the last three years then you will be liable to be disqualified as a totter. You cannot use the same mitigating circumstances you used before, but you may be able to find others?? Eg If losing your licence would lose you your job?
www.road-law.co.uk - motoring law for motorists
I can see the moral issue you raise as to not being able to rely on the same reasons for mitigation, but the truth of the matter is that no reliable record for the previous court' mitigation will be available, further frequently numerous grounds of mitigation are put forward and the court may feel that one ground alone was sufficient to affect their decision. Finally every case must be considered on its own merits. You could have been a totter for a number of speeding offences but live on a remote farm and must attend kidney dialysis in a hospital 40 miles away every three days. The mitigation would be based on the undue hardship this would cause to the defendant. A month later the same defendant appears in front of the same court for having driven his father's car with a rear tyre below limits. The original grounds of mitigation have not diminished in force or persuasion.
kenp said:
Assuming 3 more points will bring you to 12 again in the last three years then you will be liable to be disqualified as a totter. You cannot use the same mitigating circumstances you used before, but you may be able to find others?? Eg If losing your licence would lose you your job?
<a href="http://www.road-law.co.uk">www.road-law.co.uk</a> - motoring law for motorists
I can see the moral issue you raise as to not being able to rely on the same reasons for mitigation, but the truth of the matter is that no reliable record for the previous court' mitigation will be available, further frequently numerous grounds of mitigation are put forward and the court may feel that one ground alone was sufficient to affect their decision. Finally every case must be considered on its own merits. You could have been a totter for a number of speeding offences but live on a remote farm and must attend kidney dialysis in a hospital 40 miles away every three days. The mitigation would be based on the undue hardship this would cause to the defendant. A month later the same defendant appears in front of the same court for having driven his father's car with a rear tyre below limits. The original grounds of mitigation have not diminished in force or persuasion.
Not a moral issue. Quite straight forward - you can argue mitigating circumstances to avoid points at all e.g. moving car out the way to let an ambulance pass etc, or plead exceptional hardship when you get to 12. If you plead exceptional hardship, you cannot under any circumstances use the circumstances of that plea a second time untill all those points are wiped. SO if it works first time because of dialysis, and you still getting treatment when another case comes up - tough, you've used that line and can't use it again.
bobthebench said:
road-law said:
Assuming 3 more points will bring you to 12 again in the last three years then you will be liable to be disqualified as a totter. You cannot use the same mitigating circumstances you used before, but you may be able to find others?? Eg If losing your licence would lose you your job?
<a href="http://www.road-law.co.uk"><a href="http://www.road-law.co.uk">www.road-law.co.uk</a></a> - motoring law for motorists
I can see the moral issue you raise as to not being able to rely on the same reasons for mitigation, but the truth of the matter is that no reliable record for the previous court' mitigation will be available, further frequently numerous grounds of mitigation are put forward and the court may feel that one ground alone was sufficient to affect their decision. Finally every case must be considered on its own merits. You could have been a totter for a number of speeding offences but live on a remote farm and must attend kidney dialysis in a hospital 40 miles away every three days. The mitigation would be based on the undue hardship this would cause to the defendant. A month later the same defendant appears in front of the same court for having driven his father's car with a rear tyre below limits. The original grounds of mitigation have not diminished in force or persuasion.
Not a moral issue. Quite straight forward - you can argue mitigating circumstances to avoid points at all e.g. moving car out the way to let an ambulance pass etc, or plead exceptional hardship when you get to 12. If you plead exceptional hardship, you cannot under any circumstances use the circumstances of that plea a second time untill all those points are wiped. SO if it works first time because of dialysis, and you still getting treatment when another case comes up - tough, you've used that line and can't use it again.
Tough so you die - great!!
kenp said:
......but the truth of the matter is that no reliable record for the previous court's mitigation will be available, further frequently numerous grounds of mitigation are put forward and the court may feel that one ground alone was sufficient to affect their decision.....
Is bobthebench saying that there is a reliable system of recording an earlier bench's (this could be as much as four years ago) reason for mitigation??
bobthebench said:
If you plead exceptional hardship, you cannot under any circumstances use the circumstances of that plea a second time untill all those points are wiped.
Could you point me to the case law or statute for this.
>> Edited by kenp on Saturday 14th February 16:56
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