9 points already!!!
Discussion
From elsewhere and saves me typing.
1. If a driver defendant amasses 12 or more penalty points within a 3 year period then he is a ‘totter’. A totter must be disqualified from driving for a minimum period of 6 months (or more if he has totted before).
However if the totter can show that ‘exceptional hardship’ would result from a totting disqualification then the mandatory 6 months disqualification period can be avoided. The hardship suffered must be exceptional – mere loss of employment alone will usually not be sufficient and defendants are usually expected to show that a disqualification would lead to hardship being caused to other innocent parties, e.g. to family members, employers or employees.
A special exceptional hardship hearing will take place and the defendant will be expected to give evidence on oath and to provide evidence to support his argument. He can expect to have to answer detailed questions put by the magistrates and their legal advisor...........End
2. One can ask the Magistrates to deal with the offence before Court in isolation (Section 34(2) RTOA 88) and accept any discretionary disqualification they impose which is shorter than the 6 months of totting (Section 35 RTOA 88). This will leave 9 points on the Licence as a preventative measure for the future to keep the speed down. Authority for this is in Jones v Chief Constable of West Mercia Police Authority [2000].
Depending on how a disqualification will effect it may be prudent to use a Solicitor well versed in RT law?
dvd
1. If a driver defendant amasses 12 or more penalty points within a 3 year period then he is a ‘totter’. A totter must be disqualified from driving for a minimum period of 6 months (or more if he has totted before).
However if the totter can show that ‘exceptional hardship’ would result from a totting disqualification then the mandatory 6 months disqualification period can be avoided. The hardship suffered must be exceptional – mere loss of employment alone will usually not be sufficient and defendants are usually expected to show that a disqualification would lead to hardship being caused to other innocent parties, e.g. to family members, employers or employees.
A special exceptional hardship hearing will take place and the defendant will be expected to give evidence on oath and to provide evidence to support his argument. He can expect to have to answer detailed questions put by the magistrates and their legal advisor...........End
2. One can ask the Magistrates to deal with the offence before Court in isolation (Section 34(2) RTOA 88) and accept any discretionary disqualification they impose which is shorter than the 6 months of totting (Section 35 RTOA 88). This will leave 9 points on the Licence as a preventative measure for the future to keep the speed down. Authority for this is in Jones v Chief Constable of West Mercia Police Authority [2000].
Depending on how a disqualification will effect it may be prudent to use a Solicitor well versed in RT law?
dvd
Dwight VanDriver said:
Depending on how a disqualification will effect it may be prudent to use a Solicitor well versed in RT law?
dvd
Or get him hence to www.pepipoo.com where he can learn how the law actually works. Not I hasten to add that I am disagreeing with DVD in any manner. Its just not the whole story
Sean
NugentS said:
Dwight VanDriver said:
Depending on how a disqualification will effect it may be prudent to use a Solicitor well versed in RT law?
dvd
Or get him hence to www.pepipoo.com where he can learn how the law actually works. Not I hasten to add that I am disagreeing with DVD in any manner. Its just not the whole story
Sean
So he's got nine points and he's been caught again.
What a tool.
Vesuvius 996 said:
NugentS said:
Dwight VanDriver said:
Depending on how a disqualification will effect it may be prudent to use a Solicitor well versed in RT law?
dvd
Or get him hence to www.pepipoo.com where he can learn how the law actually works. Not I hasten to add that I am disagreeing with DVD in any manner. Its just not the whole story
Sean
So he's got nine points and he's been caught again.
What a tool.
Well, careless enough to get caught 3 times (probably) and not do anything to make sure he doesn't get caught again.
targaman said:
The guy that sits next to me at work already has 9 points for speeding. He's just been done doing 38 in a 30.
Are all 9 points within the last 3 years - we had a girl in work who was suidical when she got caught (but still didn't slow her down). Turned out her first 3 points had expired.
xiphias said:
tigger1 said:
pwig said:
targaman said:
He was done in Sheffield if that makes a difference?
Yeah, it means he lost his licence in a shithole.
Not quite sure how he managed to hit 38mph yet, It's fairly difficult to get above 20 in my experience
Unless you're a fat ex boxer.
xiphias said:
tigger1 said:
pwig said:
targaman said:
He was done in Sheffield if that makes a difference?
Yeah, it means he lost his licence in a shithole.
Not quite sure how he managed to hit 38mph yet, It's fairly difficult to get above 20 in my experience
Just requires a fairly cavalier attitude to your suspension.
A guy I know recently got banned for totting up. He thought his first set of 3 points had expired so simply filled in the NIP and returned it.
As it turned put he still had 10 days until the first set came off (at the time of the offence) so he had to go to court. By the time he went to court 6 of his points had expired but he got banned under totting up. Seems a bit harsh - banned for 6 months when there was only 10 days left to run before totting up woudl have left him under 12 points....
As it turned put he still had 10 days until the first set came off (at the time of the offence) so he had to go to court. By the time he went to court 6 of his points had expired but he got banned under totting up. Seems a bit harsh - banned for 6 months when there was only 10 days left to run before totting up woudl have left him under 12 points....
jesusbuiltmycar said:
A guy I know recently got banned for totting up. He thought his first set of 3 points had expired so simply filled in the NIP and returned it.
As it turned put he still had 10 days until the first set came off (at the time of the offence) so he had to go to court. By the time he went to court 6 of his points had expired but he got banned under totting up. Seems a bit harsh - banned for 6 months when there was only 10 days left to run before totting up woudl have left him under 12 points....
As it turned put he still had 10 days until the first set came off (at the time of the offence) so he had to go to court. By the time he went to court 6 of his points had expired but he got banned under totting up. Seems a bit harsh - banned for 6 months when there was only 10 days left to run before totting up woudl have left him under 12 points....
When do points and bans apply from? I thought they were from date of conviction because otherwise if you got a 6 month ban and it took more that 6 months to get to court, the ban would have finished before it was given.
deva link said:
herewego said:
When do points and bans apply from? I thought they were from date of conviction because otherwise if you got a 6 month ban and it took more that 6 months to get to court, the ban would have finished before it was given.
How can you get a ban before you go to court?
Well jesus said his friends points applied from the date of offence not from the date of conviction so if they do the same thing with a 6 month ban and it took more than 6 months to get to court then he would be given a ban for the 6 months just elapsed. I don't expect it works that way so I just thought I'd ask.
herewego said:
deva link said:
herewego said:
When do points and bans apply from? I thought they were from date of conviction because otherwise if you got a 6 month ban and it took more that 6 months to get to court, the ban would have finished before it was given.
How can you get a ban before you go to court?
Well jesus said his friends points applied from the date of offence not from the date of conviction so if they do the same thing with a 6 month ban and it took more than 6 months to get to court then he would be given a ban for the 6 months just elapsed. I don't expect it works that way so I just thought I'd ask.
For speeding (and other less serious offences) it's the date of the offence.
If you're on 9 points and get zapped again, then you can't just return the NIP and pay the penalty, you have to go to court. You'll then be banned from the date you appeared in court. But it's tough luck if 3 of your poits expired between the offence and appearing in court - you'll still get banned.
I *think* that for some more serious offence, like dangerous driving, then the points apply from the date of conviction (otherwise the case could drag on and the court could end up effectively backdating the points by a considerable period).
Forums | Speed, Plod & the Law | Top of Page | What's New | My Stuff