Driving ban, 18 points for lying motorist
Driving ban, 18 points for lying motorist
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thelawnet1

Original Poster:

1,539 posts

185 months

Monday 22nd June 2015
quotequote all
http://www.surrey.police.uk/News/News-Stories/Full...

"Yvonne Bramwell (54) of Maidstone, Kent, appeared at Redhill Magistrates Court last week (3 June) as a result of her vehicle having activated a speed camera on the M25 in Surrey on three successive days in January 2014.
She pleaded guilty to the offence of failing to identify the driver and was banned from driving from six months and received 18 points on her licence. She was also ordered to pay £500 fine for each offence, £620 costs, and £50 victim surcharge, making a total of £2,170.
Surrey Police is keen to highlight this case as from the very outset Ms Bramwell went out of her way to evade, obstruct and delay the police investigation and made it as difficult as possible for officers to identify the correct driver of the vehicle at the time of the offence. She described her car's nocturnal activities as a ‘mystery' and her list of excuses ranged from being asleep at home at the time of the offence to the car must have been cloned.
Ms Bramwell then embarked on a campaign of complaints against Surrey Police, despite being warned that her failure to supply information about the driver would lead to heavy fines and points on her licence."

Google suggests that Ms. Bramwell worked (works) for the council, in Maidstone.

Durzel

12,999 posts

198 months

Monday 22nd June 2015
quotequote all
Seems like she was battered for Failure to Furnish for all 3 offences. What an idiot.

hondafanatic

4,969 posts

231 months

Monday 22nd June 2015
quotequote all
I thought it's regularly pointed out that you can't get a ban and points? Or did I just make that up?

hondafanatic

4,969 posts

231 months

Monday 22nd June 2015
quotequote all
Durzel said:
Seems like she was battered for Failure to Furnish for all 3 offences. What an idiot.
Ooooo...so could she have received a ban for one of the offences and points for the other two?

MrRee145

158 posts

193 months

Monday 22nd June 2015
quotequote all
hondafanatic said:
I thought it's regularly pointed out that you can't get a ban and points? Or did I just make that up?
The way I understand it is 12 points will get you a totting up ban of 6months therefore she had 6 for each FTF charge giving her the ban for 6 months... not sure what happens to the remaining 6 through

agtlaw

7,415 posts

236 months

Monday 22nd June 2015
quotequote all
hondafanatic said:
Ooooo...so could she have received a ban for one of the offences and points for the other two?
No.

hondafanatic

4,969 posts

231 months

Monday 22nd June 2015
quotequote all
agtlaw said:
hondafanatic said:
Ooooo...so could she have received a ban for one of the offences and points for the other two?
No.
Ow getmecoat

Retroman

975 posts

163 months

Monday 22nd June 2015
quotequote all
Depending on the speed she was doing and if she has any previous issues like this she may have got off with a driving awareness courts + costs for 1 offense and 6 points and £200 FPN for the other 2.

agtlaw

7,415 posts

236 months

Monday 22nd June 2015
quotequote all
Retroman said:
Depending on the speed she was doing and if she has any previous issues like this she may have got off with a driving awareness courts + costs for 1 OFFENCE and 6 points and £200 FPN for the other 2.
Edit: This is wrong. She couldn't have received a fixed penalty for a second s. 172 offence - as she would be on 12 points, therefore a court appearance. Are you supposing that one matter was NFA?

Edited by agtlaw on Monday 22 June 15:13

tapereel

1,860 posts

146 months

Monday 22nd June 2015
quotequote all
agtlaw said:
Retroman said:
Depending on the speed she was doing and if she has any previous issues like this she may have got off with a driving awareness courts + costs for 1 OFFENCE and 6 points and £200 FPN for the other 2.
Edit: This is wrong. She couldn't have received a fixed penalty for a second s. 172 offence - as she would be on 12 points, therefore a court appearance. Are you supposing that one matter was NFA?
I do believe retroman is suggesting that Mrs B could have admitted being the driver on 3 occasions and hence have received the SAC for one speeding offence and 3pts for each of the other two speeding offences making 6pts.
That would have course have relied on her being better advised and to have admitted the driving offences in the first place.

agtlaw

7,415 posts

236 months

Monday 22nd June 2015
quotequote all
thelawnet1 said:
and was banned from driving from six months and received 18 points on her licence.
This is incorrect. A notional 18 points, therefore a 6 month "totting up" disqualification.


Durzel

12,999 posts

198 months

Monday 22nd June 2015
quotequote all
The article says she was caught on 3 consecutive days, therefore 3 separate offences - not a continuation of several offences in a short space of time/on the same road that might be dealt in a discretionary way by prosecuting for only one of them.

Although it's not explicit it's clear the ban she received was for totting up as a consequence of receiving 6 points for each of her S172 offences. Don't know what latitude Mags have with this stuff but I'd assume her recalcitrance meant they were quite happy to deal with her strictly by the letter of the Law.

Edited by Durzel on Monday 22 June 16:06

tapereel

1,860 posts

146 months

Monday 22nd June 2015
quotequote all
Durzel said:
The article says she was caught on 3 consecutive days, therefore 3 separate offences - not a continuation of several offences in a short space of time/on the same road that might be dealt in a discretionary way by prosecuting for only one of them.

Although it's not explicit it's clear the ban she received was for totting up as a consequence of receiving 6 points for each of her S172 offences. Don't know what latitude Mags have with this stuff but I'd assume her recalcitrance meant they were quite happy to deal with her strictly by the letter of the Law.
I think that is quite obvious from the polce report.

Surrey Police said:
...from the very outset Ms Bramwell went out of her way to evade, obstruct and delay the police investigation and made it as difficult as possible for officers to identify the correct driver of the vehicle at the time of the offence. She described her car's nocturnal activities as a ‘mystery' and her list of excuses ranged from being asleep at home at the time of the offence to the car must have been cloned.

Ms Bramwell then embarked on a campaign of complaints against Surrey Police, despite being warned that her failure to supply information about the driver would lead to heavy fines and points on her licence
- See more at: http://www.surrey.police.uk/News/News-Stories/Full...

stuart313

740 posts

143 months

Monday 22nd June 2015
quotequote all
So at the end of the day she went a bit quick on the motorway, no one got hurt, no victims, and it seems not even anyone in any danger.

Meanwhile

http://www.bbc.co.uk/news/uk-33206372

Its the most recent story I got from this post on another forum.

http://www.grumpieroldmen.co.uk/forum/phpBB3/viewt...

I would like to point out the above topic is 85 pages long.

Just saying.

Funkycoldribena

7,379 posts

184 months

Monday 22nd June 2015
quotequote all
It is amazing how much effort the police put into catching people for speeding offences.

Vipers

33,515 posts

258 months

Monday 22nd June 2015
quotequote all
stuart313 said:
So at the end of the day she went a bit quick on the motorway, no one got hurt, no victims, and it seems not even anyone in any danger.
Plus being very unhelpful, what do you suggest a free trip to the caribbean maybe?




smile

stuart313

740 posts

143 months

Monday 22nd June 2015
quotequote all
Vipers said:
stuart313 said:
So at the end of the day she went a bit quick on the motorway, no one got hurt, no victims, and it seems not even anyone in any danger.
Plus being very unhelpful, what do you suggest a free trip to the caribbean maybe?




smile
No-one can compel her to name the driver, she had every right to keep stum. Since when does someone have to do the polices investigating for them.

tapereel

1,860 posts

146 months

Monday 22nd June 2015
quotequote all
stuart313 said:
Vipers said:
stuart313 said:
So at the end of the day she went a bit quick on the motorway, no one got hurt, no victims, and it seems not even anyone in any danger.
Plus being very unhelpful, what do you suggest a free trip to the caribbean maybe?




smile
No-one can compel her to name the driver, she had every right to keep stum. Since when does someone have to do the polices investigating for them.
The law compels her to do so and it has done for many years; advice like yours has got her a ban from driving.

If you have a driving licence you need to be aware you too are so compelled should you receive the same notice as her 3.

stuart313

740 posts

143 months

Monday 22nd June 2015
quotequote all
tapereel said:
stuart313 said:
Vipers said:
stuart313 said:
So at the end of the day she went a bit quick on the motorway, no one got hurt, no victims, and it seems not even anyone in any danger.
Plus being very unhelpful, what do you suggest a free trip to the caribbean maybe?




smile
No-one can compel her to name the driver, she had every right to keep stum. Since when does someone have to do the polices investigating for them.
The law compels her to do so and it has done for many years; advice like yours has got her a ban from driving.

If you have a driving licence you need to be aware you too are so compelled should you receive the same notice as her 3.
What I meant was she can either name the driver or take the 6 points and MS90, she cant be forced to break her silence. It just so happens that I think 6 points and a big fine is too harsh a penalty for the offence comitted, especially when people do way worse day in and day out and get nothing like.

lbc

3,339 posts

247 months

Monday 22nd June 2015
quotequote all
Funkycoldribena said:
It is amazing how much effort the police put into catching people for speeding offences.
It's just as amazing how some drivers put in a lot of effort to try and evade speeding convictions. biggrin