Advice on referral to full court hearing
Advice on referral to full court hearing
Author
Discussion

BanSmith40

Original Poster:

1 posts

108 months

Saturday 28th October 2017
quotequote all
Well i received a letter 2 weeks ago saying i was banned from driving and listing the fine i had to pay for doing 68 in a 30mph zone.

I've had about 5 court cases before this in a couple of months. Mostly for speeding and driving not in accordance. So i already had 11 points on my license before they disqualified me for doing 68mph in a 30.

Yesterday i received another letter saying 'A magistrate has decided that your case should be referred to a full court hearing'.

It says Reason: To attend redisqualification. Then it goes on to say 'The purpose of this hearing is for a full court sitting to consider what sentence to impose on you and whether to disqualify you from driving because of the seriousness of the offense or the number of points on your driving record'.

I thought i was already banned?

Does this mean i am not banned currently? Do they have to ban you through a court hearing like this or can it be through the post? because my other court cases was guilty plea through the post.

Rawwr

22,722 posts

264 months

Saturday 28th October 2017
quotequote all
BanSmith40 said:
Well i received a letter 2 weeks ago saying i was banned from driving and listing the fine i had to pay for doing 68 in a 30mph zone.

I've had about 5 court cases before this in a couple of months. Mostly for speeding and driving not in accordance. So i already had 11 points on my license before they disqualified me for doing 68mph in a 30.

Yesterday i received another letter saying 'A magistrate has decided that your case should be referred to a full court hearing'.

It says Reason: To attend redisqualification. Then it goes on to say 'The purpose of this hearing is for a full court sitting to consider what sentence to impose on you and whether to disqualify you from driving because of the seriousness of the offense or the number of points on your driving record'.

I thought i was already banned?

Does this mean i am not banned currently? Do they have to ban you through a court hearing like this or can it be through the post? because my other court cases was guilty plea through the post.


cossy400

3,463 posts

214 months

Saturday 28th October 2017
quotequote all
20 years ago I got banned for totting up, and I was told I had to attend.

Id got 10 points and was caught out by a road side gun thought it was a 40and I was caught at 36.



DuraAce

4,272 posts

190 months

Saturday 28th October 2017
quotequote all
If your aren't currently banned then you should be! Hand your licence in before you kill someone.

Everyone likes to push on now and again but 68 in a 30 really is tttery.

Probably a troll post anyways....

njw1

2,789 posts

141 months

Sunday 29th October 2017
quotequote all
BanSmith40 said:
Well i received a letter 2 weeks ago saying i was banned from driving and listing the fine i had to pay for doing 68 in a 30mph zone.

I've had about 5 court cases before this in a couple of months. Mostly for speeding and driving not in accordance. So i already had 11 points on my license before they disqualified me for doing 68mph in a 30.


Do us all a favour and fk off.

Wacky Racer

41,363 posts

277 months

Sunday 29th October 2017
quotequote all
Surely a troll post, don't feed.

Strudul

1,599 posts

115 months

Sunday 29th October 2017
quotequote all
DuraAce said:
If your aren't currently banned then you should be! Hand your licence in before you kill someone.

Everyone likes to push on now and again but 68 in a 30 really is tttery.

Probably a troll post anyways....
Out of curiosity, what speed (limit) do you think would be appropriate for this road:
https://www.youtube.com/watch?v=ilud3c_JWUI

gazza285

11,187 posts

238 months

Sunday 29th October 2017
quotequote all
Strudul said:
DuraAce said:
If your aren't currently banned then you should be! Hand your licence in before you kill someone.

Everyone likes to push on now and again but 68 in a 30 really is tttery.

Probably a troll post anyways....
Out of curiosity, what speed (limit) do you think would be appropriate for this road:
https://www.youtube.com/watch?v=ilud3c_JWUI
What speed that he deems appropriate is irrelevant, the speed limit is there to be complied with, appropriate or not, something our esteemed new member, the OP, seems to have missed.

Strudul

1,599 posts

115 months

Sunday 29th October 2017
quotequote all
gazza285 said:
Strudul said:
DuraAce said:
If your aren't currently banned then you should be! Hand your licence in before you kill someone.

Everyone likes to push on now and again but 68 in a 30 really is tttery.

Probably a troll post anyways....
Out of curiosity, what speed (limit) do you think would be appropriate for this road:
https://www.youtube.com/watch?v=ilud3c_JWUI
What speed that he deems appropriate is irrelevant, the speed limit is there to be complied with, appropriate or not, something our esteemed new member, the OP, seems to have missed.
Sure, I'd never advocate speeding apart from on closed roads in Mexico, but I was just curious.

Lets say the NSL is reduced to 30mph just because. Is it still tttery to do 70?

In short, what I'm asking is whether the OP is being called stupid for breaking the law to such an extent or simply driving fast.

Red Devil

13,520 posts

238 months

Sunday 29th October 2017
quotequote all
BanSmith40 said:
Well i received a letter 2 weeks ago saying i was banned from driving and listing the fine i had to pay for doing 68 in a 30mph zone.

I've had about 5 court cases before this in a couple of months. Mostly for speeding and driving not in accordance. So i already had 11 points on my license before they disqualified me for doing 68mph in a 30.

Yesterday i received another letter saying 'A magistrate has decided that your case should be referred to a full court hearing'.

It says Reason: To attend redisqualification. Then it goes on to say 'The purpose of this hearing is for a full court sitting to consider what sentence to impose on you and whether to disqualify you from driving because of the seriousness of the offense or the number of points on your driving record'.

I thought i was already banned?

Does this mean i am not banned currently? Do they have to ban you through a court hearing like this or can it be through the post? because my other court cases was guilty plea through the post.
I suspect this is a troll post but on the off chance it isn't...

It sounds like the letter merely advised the OP that he was going to be banned and this is a hearing to decide for how long.
Given his stated track record he is clearly a scofflaw and I hope it is for the maximum permitted.

dacouch

1,172 posts

159 months

Sunday 29th October 2017
quotequote all
If a ban is the likely punishment, they will almost always require you to attend court so that if the judge does ban you that you are fully aware that you have been banned

Exige77

6,523 posts

221 months

Sunday 29th October 2017
quotequote all
I’ve never heard of anyone Being banned by Letter. Normally if there is a possibility of being banned, you will be required to attend court so your situation can be better assessed and appropriate penalty applied.

agtlaw

7,409 posts

236 months

Sunday 29th October 2017
quotequote all
BanSmith40 said:
Well i received a letter 2 weeks ago saying i was banned from driving and listing the fine i had to pay for doing 68 in a 30mph zone.

I've had about 5 court cases before this in a couple of months. Mostly for speeding and driving not in accordance. So i already had 11 points on my license before they disqualified me for doing 68mph in a 30.

Yesterday i received another letter saying 'A magistrate has decided that your case should be referred to a full court hearing'.

It says Reason: To attend redisqualification. Then it goes on to say 'The purpose of this hearing is for a full court sitting to consider what sentence to impose on you and whether to disqualify you from driving because of the seriousness of the offense or the number of points on your driving record'.

I thought i was already banned?

Does this mean i am not banned currently? Do they have to ban you through a court hearing like this or can it be through the post? because my other court cases was guilty plea through the post.
Sounds like you were banned in your absence for a determinate period. If so, then if that period has not expired then you are still banned.

The pending case appears to be a separate matter and you have a ‘totting up’ ban pending – for at least 6 months (or at least 12 months you were recently banned for 56+ days)

You should attend court as directed.

Check your driving licence status online:

https://www.gov.uk/view-driving-licence



Edited by agtlaw on Sunday 29th October 08:55

TooMany2cvs

29,008 posts

156 months

Sunday 29th October 2017
quotequote all
Strudul said:
Lets say the NSL is reduced to 30mph just because. Is it still tttery to do 70?
When you're already into double figures of points, then 31mph would be tttery.

Strudul said:
In short, what I'm asking is whether the OP is being called stupid for breaking the law to such an extent or simply driving fast.
He certainly has extreme resistance to clue.

Scimitarinjection

14 posts

111 months

Sunday 29th October 2017
quotequote all
It is dangerous if only for the reason that other people will not be expecting someone to be racing at more than twice the limit. No matter how good a driver you think you are, or how open the road is, you will take others by surprise which is why it is so stupid to be doing it.

Pothole

34,367 posts

312 months

Sunday 29th October 2017
quotequote all
njw1 said:
BanSmith40 said:
Well i received a letter 2 weeks ago saying i was banned from driving and listing the fine i had to pay for doing 68 in a 30mph zone.

I've had about 5 court cases before this in a couple of months. Mostly for speeding and driving not in accordance. So i already had 11 points on my license before they disqualified me for doing 68mph in a 30.


Do us all a favour and fk off.
Huh? A little unnecessary.

TooMany2cvs

29,008 posts

156 months

Sunday 29th October 2017
quotequote all
Scimitarinjection said:
It is dangerous if only for the reason that other people will not be expecting someone to be racing at more than twice the limit. No matter how good a driver you think you are, or how open the road is, you will take others by surprise which is why it is so stupid to be doing it.
30 = 14 metres per second.
68 = 30 metres per second.

Bear in mind the absolute minimum eyesight requirement to drive is being able to read a numberplate at 20 meters, how far away would you say you can see a car from? 100m? Over three seconds. They'd only have four more seconds to wrap their fruit around the car doing 30 from that distance.

People manage to drive on 60 and 70mph roads quite happily, so I don't buy the "They can't possibly cope with a car doing nearly 70!"

One thing's for sure - even in Scotland, it's unlikely that he's going to get hit with a Dangerous charge for that, and elsewhere in the country it's damn near impossible - so the judicial system disagrees with you that it's dangerous.

He'd be getting a ban, though, even without already being on 11pts. Only the length of the ban is going to vary.