Totting Up - Am I doomed?

[T2R31]

Evening All,

Thought I'd best turn the PistonHeads collective for advice/experience on this one!

Today, 3 more points arrived in the letter box, taking the sum to 12!

This is a first experience for me - and quite frankly, I'm s*itting myself!


I'm I doomed to a ban - or, is there any hope with the exceptional circumstances plea?


The totting up is by way of 4 x 3pts.....(6 in one day, same road, 6am and 8pm, 35mph in a 30, in the bloody Berlingo!).

The other 6 have come within a week - variable speed limited on the M62, roadworks finished, autopilot driving, 57 in the 50 variable!


I do have genuine exceptional circumstances (huge commute, live in the country, single parent with two young children and 50% duties.....oh, I also have to test cars for my career!).....


Can anyone advise or comment on my chances of license retention?


Thanks all,

[Hashtaggggg]

Will you get one as a course? Leaving 9 points on the licence?

[Rivenink]

T2R31 said:

The other 6 have come within a week - variable speed limited on the M62, roadworks finished, autopilot driving, 57 in the 50 variable!

If this is 6 points from the same instance of speeding... i.e you were clocked twice doing 57 in a 50, on the same road, day, consecutive times, I think you can only get 3 points for this... otherwise you're being punished twice for a single crime. You'd have to argue that in court though, and you may want to get some help from a professional. If its just the same stretch of road, but different days, hope you get offered a SAC?



Otherwise, I'm not certain that your exceptional hardship is quite exceptional enough. The court mostly considers exceptional hardship where the hardship concerned is bourne by others; i.e family member wholly reliant upon you and your car. I think it might be a tough sell to say that your kids are dependent on you having a car, but, IANAL and I don't know your specifics, but maybe you can swing it. Avoid discussing any hardships caused to you personally; as far as the court is concerned, that's the whole point of a ban. Again you probably want a legal professional to tell you what your chances are.

Edited by Rivenink on Wednesday 21st October 00:16

[RSpiston]

I suspect you a doomed...but suggest call on the collective at ' Pepipoo ' for best advice.

[valiant]

Never mind Pepipo.

If you’re in real danger of losing your licence then you need to speak to a solicitor who specialises in this sort of stuff. A few quid spent may make all the difference.

[anonymous-user]

Stay away from the FOTL loons at peepipoo and contact agtlaw, careful Mercedes driving spinster of this parish.

I once got up to nine points. For the next year, until the earliest three expired, I drove like Great Auntie Ethel. I was blooming careless to get to nine, but once I got to nine, my attention was super focused. Having been at nil for a while, I am about to go back to three. Eh! Bof! Je shrug.

[agtlaw]

57/50 mph = NMAC / SAC

Which courses, if any, have you done in the three years preceding the latest offences?

[anonymous-user]

[Mr Benn mode] ...and as if by magic! [/Mr Benn]

[Ganglandboss]

My cousin got 12 points and kept his licence. The stupid tw*t used to drive through the 50 mph section of the M60 at normal speed, believing the average speed cameras were not active. At the time he was in a company car scheme where his car was replaced every 3 months or 10,000 miles, and due to his high mileage, he changed cars a lot. His office were a bit inefficient tracking what car he had, so he eventually got three tickets on the same day.

A few months later, he got caught by a mobile detector, bringing him up to 12 points.

He managed to keep his licence with the following sob story:

• He was going through a difficult divorce and was stressed at the time.
• He was a senior manager and his employer had invested a lot of time and money in him. He would not be able to fulfil his role without a licence and it could place the business in jeopardy and risk other people's jobs (his HR manager testified to this effect).

I understand the magistrates do not give a toss if you will lose your job, but may be lenient if banning you would cause hardship to others.

Fortunately he kept his licence, but it cost him about £1,500 to insure a 1.4l Ford Focus.

[JxJ Jr.]

Ganglandboss said:

I understand the magistrates do not give a toss if you will lose your job, but may be lenient if banning you would cause hardship to others.

Updated sentencing guidelines came into force at the start of this month that apparently will crack down on this:
https://www.thisismoney.co.uk/money/cars/article-8...

[DocJock]

Good.

If these dependent third parties are so important to you, then don't drive in a way that's going to accumulate you points.

[agtlaw]

JxJ Jr. said:

Updated sentencing guidelines came into force at the start of this month that apparently will crack down on this:

That article is ludicrously inaccurate.

Here is an extract from the SC response:

"The issue

Where an offender incurs 12 or more penalty points on a driving licence, section 35 of the Road Traffic Offenders Act 1988 requires they must be disqualified for at least six months unless ‘the court is satisfied, having regard to all the circumstances, that there are grounds for mitigating the normal consequences of the conviction and thinks fit to order him to be disqualified for a shorter period or not to order him to be disqualified.’ The explanatory materials contained guidance for magistrates on how this should be applied but users had suggested that more information would be helpful.
The Council therefore consulted on a fuller explanation."

Where's the "crack down?"

[roadsmash]

Ganglandboss said:

My cousin got 12 points and kept his licence. The stupid tw*t used to drive through the 50 mph section of the M60 at normal speed, believing the average speed cameras were not active. At the time he was in a company car scheme where his car was replaced every 3 months or 10,000 miles, and due to his high mileage, he changed cars a lot. His office were a bit inefficient tracking what car he had, so he eventually got three tickets on the same day.

A few months later, he got caught by a mobile detector, bringing him up to 12 points.

He managed to keep his licence with the following sob story:

• He was going through a difficult divorce and was stressed at the time.
• He was a senior manager and his employer had invested a lot of time and money in him. He would not be able to fulfil his role without a licence and it could place the business in jeopardy and risk other people's jobs (his HR manager testified to this effect).

I understand the magistrates do not give a toss if you will lose your job, but may be lenient if banning you would cause hardship to others.

Fortunately he kept his licence, but it cost him about £1,500 to insure a 1.4l Ford Focus.

Sounds like a decent company to work for to be honest!

[JxJ Jr.]

agtlaw said:

JxJ Jr. said:

Updated sentencing guidelines came into force at the start of this month that apparently will crack down on this:

That article is ludicrously inaccurate.

Yep, well it is a DM link, hence the 'apparently'. Easier reading than the actual updates which are here, if anyone wants to read them:
https://www.sentencingcouncil.org.uk/wp-content/up...

[Phil Dicky]

T2R31 said:

Evening All,

Thought I'd best turn the PistonHeads collective for advice/experience on this one!

Today, 3 more points arrived in the letter box, taking the sum to 12!

This is a first experience for me - and quite frankly, I'm s*itting myself!


I'm I doomed to a ban - or, is there any hope with the exceptional circumstances plea?


The totting up is by way of 4 x 3pts.....(6 in one day, same road, 6am and 8pm, 35mph in a 30, in the bloody Berlingo!).

The other 6 have come within a week - variable speed limited on the M62, roadworks finished, autopilot driving, 57 in the 50 variable!


I do have genuine exceptional circumstances (huge commute, live in the country, single parent with two young children and 50% duties.....oh, I also have to test cars for my career!).....


Can anyone advise or comment on my chances of license retention?


Thanks all,

I was in your exact scenario 3 years ago and ended up with a 14 day ban and retaining the older 9 points, ie banned for the new 3 points. Now I spoke to agtlaw and acted on his very good advice. I have a terminally ill father and the need for me to able to get to him is the only reason my ban was so short.
However I appeared to have been very lucky and the usher made comment to this when I left.

[Derek Smith]

I'd suggest getting a solicitor to advise, rather than PH.

30 years ago a chap I knew got two speeding prosecutions within a few weeks of oneanother. The fourth one had not been dealt with when the fourth arrived. At the time, as possibly, but not definately, still, it meant that a disqualification was not essential.

He got his boss, a garage owner where I got my car serviced by the way, to say that his on-costs if the lad was stopped from driving would be considerable.

The result was that he was banned from riding a motorcycle for 6 months, but kept his car licence - that was the first time I'd seen a partial outside of fingerprinting. There are probably still options available which a brief might know about.

As an aside, he bought me a crate of beer but, being tee-total I turned it down. Instead he took me on a rally special stage in his (and his dad's) Escort RS1800. That was awsome.

[FA57 VWT]

I paid a brief something like £250 ten years ago, for that princely sum he accompanied me to the magistrates and in a nutshell told them how incredibly remorseful I was about the speeding and how I would lose my job, far more eloquently then I ever could.

The result was 6 points awarded on top of my existing 6 points (I was doing 72 in a 50mph) but allowing me to drive on 12 points and a £700 fine.

"Driver pleads exceptional circumstances, loss of livelihood" stamped on my paper licence, but obviously doesn’t apply on new fangled plastic licences.

Best £250 I’ve ever spent.

[kestral]

T2R31 said:

Evening All,

Thought I'd best turn the PistonHeads collective for advice/experience on this one!

Today, 3 more points arrived in the letter box, taking the sum to 12!

This is a first experience for me - and quite frankly, I'm s*itting myself!


I'm I doomed to a ban - or, is there any hope with the exceptional circumstances plea?


The totting up is by way of 4 x 3pts.....(6 in one day, same road, 6am and 8pm, 35mph in a 30, in the bloody Berlingo!).

The other 6 have come within a week - variable speed limited on the M62, roadworks finished, autopilot driving, 57 in the 50 variable!


I do have genuine exceptional circumstances (huge commute, live in the country, single parent with two young children and 50% duties.....oh, I also have to test cars for my career!).....


Can anyone advise or comment on my chances of license retention?


Thanks all,

How many points did you have on your license when you commited the latest speeding offence?

[anonymous-user]

ARRRRRRRRRGGGGGHHHH!!!!

LicenCe!!!!!!!

Clue: it says licence right there on the, you know, licence.

[Goes and has a lie down]

[agtlaw]

Still waiting to hear if OP is potentially eligible for a course.