Speeding and driving otherwise in accordance
Discussion
So one of my work colleagues asked me to help her complete some paperwork she has to return to the magistrates court and I was just reflecting on this.
In July she was caught doing 61 in a 50 limit (Coddenham, Suffolk). The original papers for this seemed what you would expect, pics of the car (from the rear), details of the offence, request for drivers details etc.which she responded to.
However, as it happens, she only had a provisional licence (tells me she now has a full licence). Therefore, her case is now being heard at magistates court in a week or so - the charges are the speeding offence and driving otherwise in accordance with a licence (specifically mentions not displaying L plates).
She has the option of pleading guilty by post rather than attending court and wishes to do this - ticked the relevant boxes on the form, asked me to help fill the mitigating circumstances section (there weren't any really).
So what now? 3 points and a fine for the speeding offence? But what about the other? A bit of googling suggests this offence carries 3-6 pts. Is this correct for something as simple as not displaying L plates? Assuming she is a newly qualified driver then is she looking at being asked to attend court at a later date and disqualified for having 6 points?
It's 4am in the morning and I'm a little confused!
In July she was caught doing 61 in a 50 limit (Coddenham, Suffolk). The original papers for this seemed what you would expect, pics of the car (from the rear), details of the offence, request for drivers details etc.which she responded to.
However, as it happens, she only had a provisional licence (tells me she now has a full licence). Therefore, her case is now being heard at magistates court in a week or so - the charges are the speeding offence and driving otherwise in accordance with a licence (specifically mentions not displaying L plates).
She has the option of pleading guilty by post rather than attending court and wishes to do this - ticked the relevant boxes on the form, asked me to help fill the mitigating circumstances section (there weren't any really).
So what now? 3 points and a fine for the speeding offence? But what about the other? A bit of googling suggests this offence carries 3-6 pts. Is this correct for something as simple as not displaying L plates? Assuming she is a newly qualified driver then is she looking at being asked to attend court at a later date and disqualified for having 6 points?
It's 4am in the morning and I'm a little confused!
An alleged 61mph in a 50mph limit would almost certainly see 3 points awarded.
Driving otherwise than in accordance with a licence carries 3-6 points.
For offences committed on the same occasion, the total number of points imposed is likely to be the highest number which would have been attributed to one of them. This means that 3 points for the speeding and say 4 points for the licence offence would see 4 points on her licence, not 7.
With regards to licence revocation under the New Driver's Act, this only applies to offences which were committed within 2 years of the driver first passing a test.
This means that if 6 points were awarded for driving otherwise than in accordance, her licence wouldn't be revoked under the NDA because the offences were committed before she became qualified. However, if she accumulated any further penalty points resulting from offences committed within 2 years of passing her test, revocation would follow.
Note that revocation is an administrative exercise undertaken by DVLA and wouldn't require a trip to court.
Driving otherwise than in accordance with a licence carries 3-6 points.
For offences committed on the same occasion, the total number of points imposed is likely to be the highest number which would have been attributed to one of them. This means that 3 points for the speeding and say 4 points for the licence offence would see 4 points on her licence, not 7.
With regards to licence revocation under the New Driver's Act, this only applies to offences which were committed within 2 years of the driver first passing a test.
This means that if 6 points were awarded for driving otherwise than in accordance, her licence wouldn't be revoked under the NDA because the offences were committed before she became qualified. However, if she accumulated any further penalty points resulting from offences committed within 2 years of passing her test, revocation would follow.
Note that revocation is an administrative exercise undertaken by DVLA and wouldn't require a trip to court.
Its no surprise that helpful people leave this site is it with all the sanctimonious people there are around. Yes she shouldnt have been doing 60 in a 50 limit, yes she should have had L plates, however she cant be that bad a driver because at least she has passed her test since committing the offence.
For all we know she may have had many hours of experience before taking the test and we can all make mistakes.Not only that she is holding her hands up and admitting the offences, proposing to plead guilty by post to save court resources etc.
For all we know she may have had many hours of experience before taking the test and we can all make mistakes.Not only that she is holding her hands up and admitting the offences, proposing to plead guilty by post to save court resources etc.
anonymous said:
[redacted]
Nobody has said that the OP's colleague isn't contrite, nor that she doesn't understand the seriousness of her offence. The OP may not be in a position to decline to help (she may be a close friend or his boss or something like that) and he is only asking for information on what may result. I didn't see anything that suggested that the OP and his colleague were trying to get out of due punishment.anonymous said:
[redacted]
We can all make personal opinions as to who we should help. This thread is here to help those we want to help. Bazza may find he is lacking in offers of help, he may not. It doesn't really matter, the forum is here for those that want to offer help, not for those that dont.It may be an affront to some people's moral code to offer advice or assistance to someone who has transgressed, I understand that.
What I don't understand is why people go to the effort of posting in a thread where such advice has been sought simply to state that they are not willing to assist.
Is that really easier than simply ignoring the request ?
What I don't understand is why people go to the effort of posting in a thread where such advice has been sought simply to state that they are not willing to assist.
Is that really easier than simply ignoring the request ?
blitzracing said:
Have I missed something here- no mention of a full licence holder along side her- let alone the L plates issue- so is this not the bigger part of the issue as she might have been restrained in the first place by a more qualified driver?
All part of driving otherwise than in accordance with her [provisional] licence.Chrisgr31 said:
Its no surprise that helpful people leave this site is it with all the sanctimonious people there are around. Yes she shouldnt have been doing 60 in a 50 limit, yes she should have had L plates, however she cant be that bad a driver because at least she has passed her test since committing the offence.
For all we know she may have had many hours of experience before taking the test and we can all make mistakes.Not only that she is holding her hands up and admitting the offences, proposing to plead guilty by post to save court resources etc.
She had no choice but to admit the offences if all is as implied. For all we know she may have had many hours of experience before taking the test and we can all make mistakes.Not only that she is holding her hands up and admitting the offences, proposing to plead guilty by post to save court resources etc.
Having said that, as she seems oblivious to laws and regulations maybe it wouldn't have bothered her to waste more public money so maybe you're right. Small fine and let her back on the road till next time, eh?
Difficult to say what is best, but any option which makes the authorities work as easy as possible given the licence status and quite possible worse outcome if challenged in any way. Shame to get caught so early in driving career, as most people exceed our stupidly low limits most of the time. The (some probably camera business / taxpayer-funded) finger wagers here will quote emotional situations, but I expect the 50 limit was on a nice wide road which used have a higher limit at some time in the past.
Can someone clarify this situation. The 'offender' committed circa 6 points worth of offences whilst on her provisional licence. She has since taken and passed her test. If she is convicted and given 6 points will her licence be revoked as the points were prior to her passing the test.
blitzracing said:
Have I missed something here- no mention of a full licence holder along side her- let alone the L plates issue- so is this not the bigger part of the issue as she might have been restrained in the first place by a more qualified driver?
Its the benefit of camera enforcement it enables the authorities to be aware of the full licence holder alongside her ..... or not!giantdefy said:
Can someone clarify this situation. The 'offender' committed circa 6 points worth of offences whilst on her provisional licence. She has since taken and passed her test. If she is convicted and given 6 points will her licence be revoked as the points were prior to her passing the test.
Already covered above, but no - the 'trigger' offence needs to be within 2 years from when she first passed a test.Couldn't give a monkeys about the speeding, its probably an road that has been knocked down from a comfy NSL anyway and the limit no far too low. She's in trouble with driving without a license though, she may well be a great driver, but she didn't have the right to drive alone. She's going to be walking for a bit, then paying a lot for insurance.
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