Help! Gatso Going and Gatso coming back - Ban Looming
Discussion
Advice please guys! A friend has just phoned; currently has 6 points on licence both Gatso and has just received two FPN for 38mph in a 30 Zone, half an hour later coming back in the opposite direction got another for 46mph in the same 30mph opposite side of the road.
I can hear the deluge of comment about the speed and the level of observation, nestling in the wings and waiting to pour out in a crescendo but as they have been known to check on what I post I would ask you go easy please
Question is how would do advise you play the defence given that a ban is in the offing and a very real,no bullshit, livelihood is in jeapordy?
Initially I wondered if it was better to pay the second first i.e £60 and 3points as this is cheaper option than www.Pepipoo.com states could be liable for and elect to have the second treated in court as its "only" 38mph in a 30 but maybe on reflection treat the whole thing as the truth i.e late to drop the kid off at school and running late for work so "only" one offence - the danger of course is driving without due care and attention............
any ideas?
I can hear the deluge of comment about the speed and the level of observation, nestling in the wings and waiting to pour out in a crescendo but as they have been known to check on what I post I would ask you go easy please
Question is how would do advise you play the defence given that a ban is in the offing and a very real,no bullshit, livelihood is in jeapordy?
Initially I wondered if it was better to pay the second first i.e £60 and 3points as this is cheaper option than www.Pepipoo.com states could be liable for and elect to have the second treated in court as its "only" 38mph in a 30 but maybe on reflection treat the whole thing as the truth i.e late to drop the kid off at school and running late for work so "only" one offence - the danger of course is driving without due care and attention............
any ideas?thetrash said:
His best bet if it really is his lively hood, is get someone else to get take the points for the journey facing away from the camera. Then hope that no one cottons on to the fact.
My be illegal but it will stop him getting a ban.
As homer would say DOH!
If they're both gatso then they will both be facing away.....I'm assuming that there's a camera on each side of the road? My be illegal but it will stop him getting a ban.
As homer would say DOH!
esselte said:
thetrash said:
His best bet if it really is his lively hood, is get someone else to get take the points for the journey facing away from the camera. Then hope that no one cottons on to the fact.
My be illegal but it will stop him getting a ban.
As homer would say DOH!
If they're both gatso then they will both be facing away.....I'm assuming that there's a camera on each side of the road? My be illegal but it will stop him getting a ban.
As homer would say DOH!
esselte said:
thetrash said:
His best bet if it really is his lively hood, is get someone else to get take the points for the journey facing away from the camera. Then hope that no one cottons on to the fact.
My be illegal but it will stop him getting a ban.
As homer would say DOH!
If they're both gatso then they will both be facing away.....I'm assuming that there's a camera on each side of the road? My be illegal but it will stop him getting a ban.
As homer would say DOH!
Bloody careless to get caught twice in the same spot though
Considering the speeds mentioned I don't have a lot of sympathy. I'd imagine 46mph would look more like an indicated 50mph!
I'd be very surprised if they agreed to lump the two offences into one, too.
It'll be quite hard getting leniency from the magistrates if you've already got 6 active points on your licence from speeding.
Occasionally magistrates allow exceptional circumstances and don't ban under the totting up rules even when people have exceeded 12 points. The best mitigation would be to demonstrate how others would have hardship if she was to lose her licence.
As has been said, if there is to be a ban, it'llbe for at least 6 months. She'll then have to send away for her licence from the DVLA. If she's very unlucky, the magistrates have the power to order a re-test, too.
I'd be very surprised if they agreed to lump the two offences into one, too.
It'll be quite hard getting leniency from the magistrates if you've already got 6 active points on your licence from speeding.
Occasionally magistrates allow exceptional circumstances and don't ban under the totting up rules even when people have exceeded 12 points. The best mitigation would be to demonstrate how others would have hardship if she was to lose her licence.
As has been said, if there is to be a ban, it'llbe for at least 6 months. She'll then have to send away for her licence from the DVLA. If she's very unlucky, the magistrates have the power to order a re-test, too.
FiveStar said:
Vesuvius 996 said:
Ban.
Don't even THINK about perverting the course of justice. Jail.
Its unlikely a jail sentence would occur unless she has already been convicted of other crimes and she doesnt plead guilty at the first oppurtunity IF caught.Don't even THINK about perverting the course of justice. Jail.
The motorist is the pariah of society and there has been a policy decision that anyone who gets rumbled for this will be jailed.
FiveStar said:
Vesuvius 996 said:
Ban.
Don't even THINK about perverting the course of justice. Jail.
Its unlikely a jail sentence would occur unless she has already been convicted of other crimes and she doesnt plead guilty at the first oppurtunity IF caught.Don't even THINK about perverting the course of justice. Jail.
Back again- Case for the defence m'lord! This young lady is the paradigm (in the etymological sense) of a law abiding citizen who's views on our Government and the state (sic) of the UK today would be right at the top of the heap of our PH rants!
A lack of concentration and observation resulting in FPN is inexcusable but the workload, the mileage and pressure on her to keep her head up and support her lad with no support from anyone else warrants the comment that its no wonder she doesnt always focus on the task in hand.
I don't think she is cavalier or ambivilent towards speeding but she definately needs to concentrate on whats going on and the Gatso SP50 * 2 on the motorway were a case in point. The current offence was a mobile van.
To conclude- bloody hardworking, high mileage, single mum who needs to concentrate on her driving more.
Go easy on her lads, but thank you for your comments
A lack of concentration and observation resulting in FPN is inexcusable but the workload, the mileage and pressure on her to keep her head up and support her lad with no support from anyone else warrants the comment that its no wonder she doesnt always focus on the task in hand.
I don't think she is cavalier or ambivilent towards speeding but she definately needs to concentrate on whats going on and the Gatso SP50 * 2 on the motorway were a case in point. The current offence was a mobile van.
To conclude- bloody hardworking, high mileage, single mum who needs to concentrate on her driving more.
Go easy on her lads, but thank you for your comments
Carsie said:
A lack of concentration and observation resulting in FPN is inexcusable but the workload, the mileage and pressure on her to keep her head up and support her lad with no support from anyone else warrants the comment that its no wonder she doesnt always focus on the task in hand.
I don't think she is cavalier or ambivilent towards speeding but she definately needs to concentrate on whats going on and the Gatso SP50 * 2 on the motorway were a case in point. The current offence was a mobile van.
I'm sorry for her predicament, but you are making her sound like exactly the sort of school run mum we don't need on our roads.I don't think she is cavalier or ambivilent towards speeding but she definately needs to concentrate on whats going on and the Gatso SP50 * 2 on the motorway were a case in point. The current offence was a mobile van.
ETA - I do wish people would focus on the fact that driving a ton plus of machinery at speed is the most important thing to be thinking about not the seventh or eight most important...
Edited by Bing o on Tuesday 13th November 15:19
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