24 points in a week
Author
Discussion

seabod91

Original Poster:

1,093 posts

91 months

Sunday 18th April 2021
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FIL has got his self into a right mess.

History: 0 points throughout his driving history.
No bother with the BIL due to traffic offences ect.

The fk up: started a new job a few weeks ago in an area he is not familiar with ( construction), travel’s along a duel carriage which is a 60mph limit. Swears blind he hasn’t seen any other road signs / markings suggesting it’s a 50mph limit. Come to the conclusion there is road works going on.

The question: I have no idea if there are no signs stating a 50 limit or the FIL just hasn’t paid attention ( my guess is the latter), so a ban is guaranteed but do the courts take different circumstances into consideration. E.G new area / same road ( unlikely someone would speed on the same road knowing it was a lower limit knowing they would get caught ), it’s also worth noting he was caught at 60mph + / - 2mph on all occasions. So is it a case of accept and deal with it or go to court and try and explain a genuine mistake ( I know they hate when speeders choose to go to challenge. Would love AGTlaw’s and any one else’s advice. Unfortunately funds do not allow a specialist solicitor. Cheers in advance PH’s.

Edited by seabod91 on Sunday 18th April 20:16

vaud

59,392 posts

184 months

Sunday 18th April 2021
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Might still be worth a call to AGTLaw... the first engagement call is normally free as I understand it, or whatever the legal phrase is.

martinbiz

3,698 posts

174 months

Sunday 18th April 2021
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anonymous said:
[redacted]
From the OP's descripton it sounds like these are separate journeys, probably on different days, so highly unlikely they will be combine into one continous offence.

As said, it may still be worth a call to AGT

Andy_C77

247 posts

103 months

Sunday 18th April 2021
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I had a similar experience but I was caught speeding and already had 9 points, so 3 more would of been a ban. My job at the time meant I was doing a lot of driving so I needed my license to do my job. I wrote a letter that said something along the lines of needing my license for work and as I had been out of work until recently and was just getting back on my feet, I couldn’t afford to lose my job.

You might be able to avoid a ban if you can prove you have extenuating circumstances i.e. you need to drive to work to keep your job. What might happen then is you’ll get a bigger fine and 11points. But at least won’t lose your licence.


Durzel

12,999 posts

197 months

Sunday 18th April 2021
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They won’t combine the offences in the sense that they would consider it a contiguous journey, but they might be amenable to an argument that a driver ought to have been given the chance to moderate their driving after having received the first FPN, rather than getting a bunch of them at once, enough to be banned twice over.

Don’t know if it’s likely it would be knocked down to 3 points though.

poo at Paul's

14,609 posts

204 months

Sunday 18th April 2021
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Astonishing that the first he knew of this was when the nips start arriving.
How can you drive a car in a familiar or unfamiliar area and be so unaware of something so fundamental as the speed limit!
Amazing to have had a clean licence so long perhaps!

mikecassie

673 posts

188 months

Sunday 18th April 2021
quotequote all
seabod91 said:
do the courts take different circumstances into consideration. E.G new area / same road ( unlikely someone would speed on the same road knowing it was a lower limit knowing they would get caught )

Edited by seabod91 on Sunday 18th April 20:16
If this was the case, anyone driving in a new area could speed and not get any points, so can't see this being a good argument to put forward for avoiding the points. I'd think they'd say he wasn't being observant enough while driving in an area he was not familiar with.

Green1man

556 posts

117 months

Sunday 18th April 2021
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Surely the first thing to ascertain is what the signage actually is in the place he has been caught, at least then you know what he is dealing with. Maybe the signage is missing or unclear?

Stick Legs

8,924 posts

194 months

Sunday 18th April 2021
quotequote all
Get a lawyer.

I had this many years ago where on a single journey I picked up 3 offences, 2 speeding and invalid insurance to add to my existing 3.

They applied all the points and allowed me to keep my licence with 15 points on it. Car insurance was interesting for a while!

With the right advice it is amazing what can happen in court. Also you can appeal a magistrates decision in Crown Court (this is what I did).

anonymous-user

83 months

Sunday 18th April 2021
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How much would a 6 month disqualificationcost versus a lawyer to help prevent it?

LordLoveLength

2,342 posts

159 months

Sunday 18th April 2021
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Is this in a car or a van? Speed limits for vans and cars are not the same.

CrutyRammers

13,735 posts

227 months

Sunday 18th April 2021
quotequote all
poo at Paul's said:
Astonishing that the first he knew of this was when the nips start arriving.
How can you drive a car in a familiar or unfamiliar area and be so unaware of something so fundamental as the speed limit!
Amazing to have had a clean licence so long perhaps!
Alright, captain perfect.

M_A_S

1,441 posts

214 months

Monday 19th April 2021
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LordLoveLength said:
Is this in a car or a van? Speed limits for vans and cars are not the same.
Certainly has that feel about it. If it really was a dual carriageway then why wasn't he going 70? If it's actually single carriageway, and he was in a van, then it's a 50 limit.

andburg

8,732 posts

198 months

Monday 19th April 2021
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M_A_S said:
Certainly has that feel about it. If it really was a dual carriageway then why wasn't he going 70? If it's actually single carriageway, and he was in a van, then it's a 50 limit.
That was my first thought...was he driving a car or a van?
Possible the road is not a dual carriageway but a 4 lane single carriageway?

seabod91

Original Poster:

1,093 posts

91 months

Monday 19th April 2021
quotequote all
M_A_S said:
LordLoveLength said:
Is this in a car or a van? Speed limits for vans and cars are not the same.
Certainly has that feel about it. If it really was a dual carriageway then why wasn't he going 70? If it's actually single carriageway, and he was in a van, then it's a 50 limit.
Audi a1 so not a van. I’m going to have a look at the paperwork later to get more of a picture of the situation. Was doing 60 as it’s not a long stretch before turning off so no need to get up to 70 apparently.

seabod91

Original Poster:

1,093 posts

91 months

Monday 19th April 2021
quotequote all
martinbiz said:
anonymous said:
[redacted]
From the OP's descripton it sounds like these are separate journeys, probably on different days, so highly unlikely they will be combine into one continous offence.

As said, it may still be worth a call to AGT
Correct.

Derek Smith

49,740 posts

277 months

Monday 19th April 2021
quotequote all
The court is not, in the circumstances as outline, required to impose a ban, despite the high points number.

It's best, as pointed out, to seek legal advice on the matter. There are mitigating factors in the circs that would need to be emphasised.

V8LM

5,559 posts

238 months

Monday 19th April 2021
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Out of interest what road? Can you give a Google Maps link.

98elise

32,558 posts

190 months

Monday 19th April 2021
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seabod91 said:
M_A_S said:
LordLoveLength said:
Is this in a car or a van? Speed limits for vans and cars are not the same.
Certainly has that feel about it. If it really was a dual carriageway then why wasn't he going 70? If it's actually single carriageway, and he was in a van, then it's a 50 limit.
Audi a1 so not a van. I’m going to have a look at the paperwork later to get more of a picture of the situation. Was doing 60 as it’s not a long stretch before turning off so no need to get up to 70 apparently.
There's nothing wrong with driving at 60 on a DC anyway!

martinbiz

3,698 posts

174 months

Monday 19th April 2021
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98elise said:
There's nothing wrong with driving at 60 on a DC anyway!
Oh there is on PH. Speed limits are targets which must be adhered to or suffer the consequences!rolleyes