4 speeding tickets in 2 weeks.
Discussion
To cut a very long story short my OH who has been driving for 2.5 years, clean licence and barely even a curbed alloy managed to pick up 4 speeding tickets recently. All on the 50 section of the M1 north of Nottingham. Two return journeys to see me over consecutive weekends and it looks like she got caught each time both directions. Speed is 60-62.
Any advice? Please no burn her with fire. She is distraught we live in a rural area and she has a long commute to York where she works as a nurse, this would be impossible on public transport.
There are mitigating circumstances in the fact we were burgled recently, I have been away with work and it has generally been a pretty s
t few months.
This is the proverbial icing on the cake.
Any advice? Please no burn her with fire. She is distraught we live in a rural area and she has a long commute to York where she works as a nurse, this would be impossible on public transport.
There are mitigating circumstances in the fact we were burgled recently, I have been away with work and it has generally been a pretty s
t few months. This is the proverbial icing on the cake.
inman999 said:
Speed is 60-62.
These speeds should be within the guidelines for a speed awareness course, so it might be possible to get rid of one of them by that method, leaving her on nine points.http://www.nottspeed.com/education_faqs_3.php
Speak to AGTlaw on here (he's a specialist motoring lawyer based in Leeds).
http://www.agtlaw.co.uk/
I would be interested to see if the offences could be rolled up into a single hearing? If that were possible, would the guidelines allow the Mags to avoid totting the aggregate and to sentence as a whole (ie. 6 points rather than 12)?
http://www.agtlaw.co.uk/
I would be interested to see if the offences could be rolled up into a single hearing? If that were possible, would the guidelines allow the Mags to avoid totting the aggregate and to sentence as a whole (ie. 6 points rather than 12)?
This would not come under the totting up/compulsory ban legislation.
There needs to have been points awarded in a court case/ticket before the final speeding offence.
That said, a court would not look kindly on what might appear to them to show systematic contempt for the regulations.
If it was me, I'd seek legal advice.
There needs to have been points awarded in a court case/ticket before the final speeding offence.
That said, a court would not look kindly on what might appear to them to show systematic contempt for the regulations.
If it was me, I'd seek legal advice.
Derek Smith said:
This would not come under the totting up/compulsory ban legislation.
There needs to have been points awarded in a court case/ticket before the final speeding offence...
If it was me, I'd seek legal advice.
Yes I would, as this is nonsense.There needs to have been points awarded in a court case/ticket before the final speeding offence...
If it was me, I'd seek legal advice.
You can have 3 fixed penalties with no court involvement. You then get a fourth within 3 years of the first and it'll be directed to court where they'll look to disqualify under totting up.
Otherwise, you could get caught, then speed with impunity until the first ticket was dealt with.
I'm aware of a similar case in 2012, 4 tickets in quick succession all speeds within the SAC zone, The result was a SAC for the first, and 3 x £60 fines and a total of 9 points. Seems a reasonable result.
http://www.mbclub.co.uk/forums/driving-incidents-r...
http://www.mbclub.co.uk/forums/driving-incidents-r...
eldar said:
I'm aware of a similar case in 2012, 4 tickets in quick succession all speeds within the SAC zone, The result was a SAC for the first, and 3 x £60 fines and a total of 9 points. Seems a reasonable result.
http://www.mbclub.co.uk/forums/driving-incidents-r...
This was what I had assumed/hoped for. http://www.mbclub.co.uk/forums/driving-incidents-r...
Either way it is going to be an expensive lesson I think.
Lucky that she has driven for more than 2 years.
10 Pence Short said:
Yes I would, as this is nonsense.
You can have 3 fixed penalties with no court involvement. You then get a fourth within 3 years of the first and it'll be directed to court where they'll look to disqualify under totting up.
Otherwise, you could get caught, then speed with impunity until the first ticket was dealt with.
Not quite sure you fully understood what I wrote. Perhaps I did not explain myself well.You can have 3 fixed penalties with no court involvement. You then get a fourth within 3 years of the first and it'll be directed to court where they'll look to disqualify under totting up.
Otherwise, you could get caught, then speed with impunity until the first ticket was dealt with.
To the OP: I would presume that you are now a little confused. So:
The compulsory ban has the trigger point of 12. This can be challenged by special circumstances, but these can be tricky.
Your case:
Put simply, say you have 6 points and then got caught speeding but have not gone to court over the case. If you get caught speeding again (before the case goes to court for the third offence) then when you go to court for the fourth offence, now with 9 pnts on your licence, the ban is not compulsory and you can use other circumstances to convince the magistrates that such a ban would be inappropriate. It is, more or less, a technicality, but then that is something that is beloved by lawyers.
From what you have written, this may well be applicable in this case.
I would add this advice: Don't take anything you read on internet forums as gospel, and certainly pay little attention to an argument. Go to a lawyer.
10 Pence Short said:
Speak to AGTlaw on here (he's a specialist motoring lawyer based in Leeds).
http://www.agtlaw.co.uk/
I would be interested to see if the offences could be rolled up into a single hearing? If that were possible, would the guidelines allow the Mags to avoid totting the aggregate and to sentence as a whole (ie. 6 points rather than 12)?
Will definitely be giving Andrew a ring. Thanks. http://www.agtlaw.co.uk/
I would be interested to see if the offences could be rolled up into a single hearing? If that were possible, would the guidelines allow the Mags to avoid totting the aggregate and to sentence as a whole (ie. 6 points rather than 12)?
inman999 said:
There are mitigating circumstances in the fact we were burgled recently, I have been away with work and it has generally been a pretty st few months.
To be fair those are not mitigating circumstances,there just poor excuses.t few months. Hope for a speed awareness course and 3 tickets.
ging84 said:
her mitigating circumstances are that she does a job which involves caring for other people which she would be unable to continue without being able to drive.
The other stuff does not sound like a very good basis of a defence against a ban
This - getting burgled is all but irrelevant. The other stuff does not sound like a very good basis of a defence against a ban
10 Pence Short said:
Derek Smith said:
This would not come under the totting up/compulsory ban legislation.
There needs to have been points awarded in a court case/ticket before the final speeding offence...
If it was me, I'd seek legal advice.
Yes I would, as this is nonsense.There needs to have been points awarded in a court case/ticket before the final speeding offence...
If it was me, I'd seek legal advice.
You can have 3 fixed penalties with no court involvement. You then get a fourth within 3 years of the first and it'll be directed to court where they'll look to disqualify under totting up.
Otherwise, you could get caught, then speed with impunity until the first ticket was dealt with.
Personally, I don't think you should be allowed to be done for a second or third speeding offence until you've received the NIP for the first one. Just my opinion, and it matters not what I think really.
TwigtheWonderkid said:
The problem is, if you get pulled by a police office, you are made aware of your speeding and you have an opportunity to consider your actions and modify your behaviour. If could be you think a road is a 40 and it's 30. Get pulled over and you then know it's 30 from that moment. And it took you one speeding offence to find out. You don't get that with a camera, as many people don't realise they've been caught. Hence they get done multiple times before finding out about the issue.
Personally, I don't think you should be allowed to be done for a second or third speeding offence until you've received the NIP for the first one. Just my opinion, and it matters not what I think really.
That would be open to exploitation though. Someone could run past a camera, then they have a get out of jail card for all speeding (within reason) on that road until the NIP arrives. Personally, I don't think you should be allowed to be done for a second or third speeding offence until you've received the NIP for the first one. Just my opinion, and it matters not what I think really.
For genuine cases, like the OPs, there could be a better way of dealing with it, i'm unsure what that could be though.
10 Pence Short said:
If the situation merits it, someone can argue Special Reasons to avoid a disqualification. This must relate to the offence rather than the individual, though.
Nope - I think you mean the exceptional hardship rule.It's about the impact a disqualification would have on a person's life - it's not about the offence/ offences.
Forums | Speed, Plod & the Law | Top of Page | What's New | My Stuff