Totting up ban coming !!
Discussion
All im after is cases of PH'ers who have been in my situation and what bans they recieved.....not making excuses, not denying anything and fully admitting Ive been a t
t....as I explained in my first post. So please just genuine advice.
Not really sure if a soicitor is the way to go..Im ex Police so used to court and explain mitigation through well enough, dont want to bother solicitors on here just yet, im sure they are busy enough already
t....as I explained in my first post. So please just genuine advice.Not really sure if a soicitor is the way to go..Im ex Police so used to court and explain mitigation through well enough, dont want to bother solicitors on here just yet, im sure they are busy enough already
Edited by Phil Dicky on Friday 28th April 10:40
Edited by Phil Dicky on Friday 28th April 10:42
Heaveho said:
funkyrobot said:
Here we go. 
One simply cannot question the thought process of someone repeatedly being caught speeding on here.
I think when the same people show up, thread after thread, with the same unhelpful attitude to an op who needs help, not sanctimony, it's not surprising that people take exception.One simply cannot question the thought process of someone repeatedly being caught speeding on here.
I'm genuinely interested in the mentality of these people, and their reasons for joining the forum. I also wish they hadn't bothered. It detracts from the reason it exists.
Best of luck, op, I think the advice to speak to agtlaw on here is possibly the best you'll get.
Do people simply not understand that people like the OP are perfect fodder for road 'safety' partnerships? Repeat offender getting caught again for what, the fourth time?
You only have to look at how some organisations use things like this to justify their existence. One near me recently published some figures and used them to explain why a road is so dangerous. Anyone with any common sense understands it's idiot drivers and other things like dangerous overtakes, lack of attention, tired and drink driving. However, they have leapt on the '40 speeders caught in the first month' information and use this as their headline. The ability to link speed to danger is soooo easy.
Oh yes, the old 'if we didn't speed they would reduce the limits anyway' argument is a load of tosh. It seems that the current tactic of continually being caught speeding isn't working.
And the reasons why someone like me would join PH include the motor racing aspect, the big barge stuff, plus interesting threads about car tweaking and mechanics.
Edited by funkyrobot on Friday 28th April 10:45
Think longer term than just this moment in time.
Someone like AGTLaw is really who you should be speaking to- other people might chip in with their past experiences but, ultimately, it's the details specific to your case and the reaction of the court at the time that'll matter. Guidelines, the law and magistrates change. What happened to someone in identical circumstances 3 years ago might not apply now.
AFAIK, and IANAL, if you avoid the 6 month totting ban and the points remain on your licence, due to you using the parents as an exceptional hardship case, you cannot use that same reason if you're caught again within 3 years (sure someone will correct me if wrong).
Considering you've been caught so often, is it better to get it out of the way now, and clear the points back to zero, rather than delaying what sounds like the inevitable and having 2 court cases to pay for? After all, it might be inconvenient to be without a licence for 6 months now, however the timing in future might be even worse.
Someone like AGTLaw is really who you should be speaking to- other people might chip in with their past experiences but, ultimately, it's the details specific to your case and the reaction of the court at the time that'll matter. Guidelines, the law and magistrates change. What happened to someone in identical circumstances 3 years ago might not apply now.
AFAIK, and IANAL, if you avoid the 6 month totting ban and the points remain on your licence, due to you using the parents as an exceptional hardship case, you cannot use that same reason if you're caught again within 3 years (sure someone will correct me if wrong).
Considering you've been caught so often, is it better to get it out of the way now, and clear the points back to zero, rather than delaying what sounds like the inevitable and having 2 court cases to pay for? After all, it might be inconvenient to be without a licence for 6 months now, however the timing in future might be even worse.
funkyrobot said:
Heaveho said:
funkyrobot said:
Here we go.
One simply cannot question the thought process of someone repeatedly being caught speeding on here.
I think when the same people show up, thread after thread, with the same unhelpful attitude to an op who needs help, not sanctimony, it's not surprising that people take exception.One simply cannot question the thought process of someone repeatedly being caught speeding on here.
I'm genuinely interested in the mentality of these people, and their reasons for joining the forum. I also wish they hadn't bothered. It detracts from the reason it exists.
Best of luck, op, I think the advice to speak to agtlaw on here is possibly the best you'll get.
Do people simply not understand that people like the OP are perfect fodder for road 'safety' partnerships? Repeat offender getting caught again for what, the fourth time?
You only have to look at how some organisations use things like this to justify their existence. One near me recently published some figures and used them to explain why a road is so dangerous. Anyone in the know understands it's idiot drivers and other things like dangerous overtakes, lack of attention, tired and drink driving. However, they have leapt on the '40 speeders caught in the first month' information and use this as their headline. The ability to link to speed to danger is soooo easy.
Oh yes, the old 'if we didn't speed they would reduce the limits anyway' argument is a load of tosh. It seems that the current tactic of continually being caught speeding isn't working.
And the reasons why someone like me would join PH include the motor racing aspect, the big barge stuff, plus interesting threads about car tweaking and mechanics.
If what you're after is authoritative, then...
https://www.sentencingcouncil.org.uk/explanatory-m...
http://www.legislation.gov.uk/ukpga/1988/53/sectio...
https://www.sentencingcouncil.org.uk/explanatory-m...
Sentencing Council said:
Disqualification for a minimum of six months must be ordered if an offender incurs 12 penalty points or more within a three-year period (Road Traffic Offenders Act (“RTOA”) 1988, s.35). The minimum period may be automatically increased if the offender has been disqualified within the preceding three years. Totting up disqualifications, unlike other disqualifications, erase all penalty points.
The period of a totting up disqualification may be reduced or avoided for exceptional hardship or other mitigating circumstances if the court thinks fit to do so. No account is to be taken of hardship that is not exceptional hardship or circumstances alleged to make the offence not serious. Any circumstances taken into account in the preceding three years to reduce or avoid a totting disqualification must be disregarded (RTOA 1988, s.35).
Consult your legal adviser for further guidance on exceptional hardship applications.
And the legislation it refers to is...The period of a totting up disqualification may be reduced or avoided for exceptional hardship or other mitigating circumstances if the court thinks fit to do so. No account is to be taken of hardship that is not exceptional hardship or circumstances alleged to make the offence not serious. Any circumstances taken into account in the preceding three years to reduce or avoid a totting disqualification must be disregarded (RTOA 1988, s.35).
Consult your legal adviser for further guidance on exceptional hardship applications.
http://www.legislation.gov.uk/ukpga/1988/53/sectio...
hornetrider said:
funkyrobot said:
And the reasons why someone like me would join PH include the motor racing aspect, the big barge stuff, plus interesting threads about car tweaking and mechanics.
Don't forget morally pontificating and derailing threads in the law forum.We are all different.
janesmith1950 said:
Think longer term than just this moment in time.
Someone like AGTLaw is really who you should be speaking to- other people might chip in with their past experiences but, ultimately, it's the details specific to your case and the reaction of the court at the time that'll matter. Guidelines, the law and magistrates change. What happened to someone in identical circumstances 3 years ago might not apply now.
AFAIK, and IANAL, if you avoid the 6 month totting ban and the points remain on your licence, due to you using the parents as an exceptional hardship case, you cannot use that same reason if you're caught again within 3 years (sure someone will correct me if wrong).
Considering you've been caught so often, is it better to get it out of the way now, and clear the points back to zero, rather than delaying what sounds like the inevitable and having 2 court cases to pay for? After all, it might be inconvenient to be without a licence for 6 months now, however the timing in future might be even worse.
Sucking for the ban is excatlywhat Im going to do...just wondered if I can mitigate the ban down thats all.Someone like AGTLaw is really who you should be speaking to- other people might chip in with their past experiences but, ultimately, it's the details specific to your case and the reaction of the court at the time that'll matter. Guidelines, the law and magistrates change. What happened to someone in identical circumstances 3 years ago might not apply now.
AFAIK, and IANAL, if you avoid the 6 month totting ban and the points remain on your licence, due to you using the parents as an exceptional hardship case, you cannot use that same reason if you're caught again within 3 years (sure someone will correct me if wrong).
Considering you've been caught so often, is it better to get it out of the way now, and clear the points back to zero, rather than delaying what sounds like the inevitable and having 2 court cases to pay for? After all, it might be inconvenient to be without a licence for 6 months now, however the timing in future might be even worse.
Phil Dicky said:
funkyrobot said:
Heaveho said:
funkyrobot said:
Here we go.
One simply cannot question the thought process of someone repeatedly being caught speeding on here.
I think when the same people show up, thread after thread, with the same unhelpful attitude to an op who needs help, not sanctimony, it's not surprising that people take exception.One simply cannot question the thought process of someone repeatedly being caught speeding on here.
I'm genuinely interested in the mentality of these people, and their reasons for joining the forum. I also wish they hadn't bothered. It detracts from the reason it exists.
Best of luck, op, I think the advice to speak to agtlaw on here is possibly the best you'll get.
Do people simply not understand that people like the OP are perfect fodder for road 'safety' partnerships? Repeat offender getting caught again for what, the fourth time?
You only have to look at how some organisations use things like this to justify their existence. One near me recently published some figures and used them to explain why a road is so dangerous. Anyone in the know understands it's idiot drivers and other things like dangerous overtakes, lack of attention, tired and drink driving. However, they have leapt on the '40 speeders caught in the first month' information and use this as their headline. The ability to link to speed to danger is soooo easy.
Oh yes, the old 'if we didn't speed they would reduce the limits anyway' argument is a load of tosh. It seems that the current tactic of continually being caught speeding isn't working.
And the reasons why someone like me would join PH include the motor racing aspect, the big barge stuff, plus interesting threads about car tweaking and mechanics.
Maybe one day you'll learn from your actions.
funkyrobot said:
Anyhow. I would like to ask the OP a question and I'm genuinely intrigued about the answer. As someone who was obviously one offence away from a potential totting up ban, why didn't you drive like an absolute saint and ensure you didn't speed anymore?
.
This is easier said than done in my opinion (never been in this position though). For example, when you have been working late all week and are facing a 60 mile drive home on the m1 in stop start traffic it's hard to resist "pushing on" when you get the chance!.
flight147z said:
funkyrobot said:
Anyhow. I would like to ask the OP a question and I'm genuinely intrigued about the answer. As someone who was obviously one offence away from a potential totting up ban, why didn't you drive like an absolute saint and ensure you didn't speed anymore?
.
This is easier said than done in my opinion (never been in this position though). For example, when you have been working late all week and are facing a 60 mile drive home on the m1 in stop start traffic it's hard to resist "pushing on" when you get the chance!.
Maybe if you had one or two you would probably consider it and weigh up the risks. Being one more nip away from a potential ban is different though.
funkyrobot said:
flight147z said:
funkyrobot said:
Anyhow. I would like to ask the OP a question and I'm genuinely intrigued about the answer. As someone who was obviously one offence away from a potential totting up ban, why didn't you drive like an absolute saint and ensure you didn't speed anymore?
.
This is easier said than done in my opinion (never been in this position though). For example, when you have been working late all week and are facing a 60 mile drive home on the m1 in stop start traffic it's hard to resist "pushing on" when you get the chance!.
Maybe if you had one or two you would probably consider it and weigh up the risks. Being one more nip away from a potential ban is different though.
You're coming across as a troll.
To the OP looks like it might be difficult to prove 'exceptional hardship' but if you think you've got a chance get a lawyer, if not go in with humble pie and take the outcome.
funkyrobot said:
flight147z said:
funkyrobot said:
Anyhow. I would like to ask the OP a question and I'm genuinely intrigued about the answer. As someone who was obviously one offence away from a potential totting up ban, why didn't you drive like an absolute saint and ensure you didn't speed anymore?
.
This is easier said than done in my opinion (never been in this position though). For example, when you have been working late all week and are facing a 60 mile drive home on the m1 in stop start traffic it's hard to resist "pushing on" when you get the chance!.
Maybe if you had one or two you would probably consider it and weigh up the risks. Being one more nip away from a potential ban is different though.
Some people might not be in that position - it's a lot easier to not end up in this position if you only do 10 miles a week outside of rush hour... No idea whether this is applicable to the OP or not but best not to judge! It's done now
ChocolateFrog said:
funkyrobot said:
flight147z said:
funkyrobot said:
Anyhow. I would like to ask the OP a question and I'm genuinely intrigued about the answer. As someone who was obviously one offence away from a potential totting up ban, why didn't you drive like an absolute saint and ensure you didn't speed anymore?
.
This is easier said than done in my opinion (never been in this position though). For example, when you have been working late all week and are facing a 60 mile drive home on the m1 in stop start traffic it's hard to resist "pushing on" when you get the chance!.
Maybe if you had one or two you would probably consider it and weigh up the risks. Being one more nip away from a potential ban is different though.
You're coming across as a troll.
To the OP looks like it might be difficult to prove 'exceptional hardship' but if you think you've got a chance get a lawyer, if not go in with humble pie and take the outcome.
Wondered when the old troll comment would emerge.
funkyrobot said:
Phil Dicky said:
funkyrobot said:
Heaveho said:
funkyrobot said:
Here we go.
One simply cannot question the thought process of someone repeatedly being caught speeding on here.
I think when the same people show up, thread after thread, with the same unhelpful attitude to an op who needs help, not sanctimony, it's not surprising that people take exception.One simply cannot question the thought process of someone repeatedly being caught speeding on here.
I'm genuinely interested in the mentality of these people, and their reasons for joining the forum. I also wish they hadn't bothered. It detracts from the reason it exists.
Best of luck, op, I think the advice to speak to agtlaw on here is possibly the best you'll get.
Do people simply not understand that people like the OP are perfect fodder for road 'safety' partnerships? Repeat offender getting caught again for what, the fourth time?
You only have to look at how some organisations use things like this to justify their existence. One near me recently published some figures and used them to explain why a road is so dangerous. Anyone in the know understands it's idiot drivers and other things like dangerous overtakes, lack of attention, tired and drink driving. However, they have leapt on the '40 speeders caught in the first month' information and use this as their headline. The ability to link to speed to danger is soooo easy.
Oh yes, the old 'if we didn't speed they would reduce the limits anyway' argument is a load of tosh. It seems that the current tactic of continually being caught speeding isn't working.
And the reasons why someone like me would join PH include the motor racing aspect, the big barge stuff, plus interesting threads about car tweaking and mechanics.
Maybe one day you'll learn from your actions.
Phil Dicky said:
funkyrobot said:
Phil Dicky said:
funkyrobot said:
Heaveho said:
funkyrobot said:
Here we go.
One simply cannot question the thought process of someone repeatedly being caught speeding on here.
I think when the same people show up, thread after thread, with the same unhelpful attitude to an op who needs help, not sanctimony, it's not surprising that people take exception.One simply cannot question the thought process of someone repeatedly being caught speeding on here.
I'm genuinely interested in the mentality of these people, and their reasons for joining the forum. I also wish they hadn't bothered. It detracts from the reason it exists.
Best of luck, op, I think the advice to speak to agtlaw on here is possibly the best you'll get.
Do people simply not understand that people like the OP are perfect fodder for road 'safety' partnerships? Repeat offender getting caught again for what, the fourth time?
You only have to look at how some organisations use things like this to justify their existence. One near me recently published some figures and used them to explain why a road is so dangerous. Anyone in the know understands it's idiot drivers and other things like dangerous overtakes, lack of attention, tired and drink driving. However, they have leapt on the '40 speeders caught in the first month' information and use this as their headline. The ability to link to speed to danger is soooo easy.
Oh yes, the old 'if we didn't speed they would reduce the limits anyway' argument is a load of tosh. It seems that the current tactic of continually being caught speeding isn't working.
And the reasons why someone like me would join PH include the motor racing aspect, the big barge stuff, plus interesting threads about car tweaking and mechanics.
Maybe one day you'll learn from your actions.
funkyrobot said:
Phil Dicky said:
funkyrobot said:
Phil Dicky said:
funkyrobot said:
Heaveho said:
funkyrobot said:
Here we go.
One simply cannot question the thought process of someone repeatedly being caught speeding on here.
I think when the same people show up, thread after thread, with the same unhelpful attitude to an op who needs help, not sanctimony, it's not surprising that people take exception.One simply cannot question the thought process of someone repeatedly being caught speeding on here.
I'm genuinely interested in the mentality of these people, and their reasons for joining the forum. I also wish they hadn't bothered. It detracts from the reason it exists.
Best of luck, op, I think the advice to speak to agtlaw on here is possibly the best you'll get.
Do people simply not understand that people like the OP are perfect fodder for road 'safety' partnerships? Repeat offender getting caught again for what, the fourth time?
You only have to look at how some organisations use things like this to justify their existence. One near me recently published some figures and used them to explain why a road is so dangerous. Anyone in the know understands it's idiot drivers and other things like dangerous overtakes, lack of attention, tired and drink driving. However, they have leapt on the '40 speeders caught in the first month' information and use this as their headline. The ability to link to speed to danger is soooo easy.
Oh yes, the old 'if we didn't speed they would reduce the limits anyway' argument is a load of tosh. It seems that the current tactic of continually being caught speeding isn't working.
And the reasons why someone like me would join PH include the motor racing aspect, the big barge stuff, plus interesting threads about car tweaking and mechanics.
Maybe one day you'll learn from your actions.
Phil Dicky said:
funkyrobot said:
Phil Dicky said:
funkyrobot said:
Phil Dicky said:
funkyrobot said:
Heaveho said:
funkyrobot said:
Here we go.
One simply cannot question the thought process of someone repeatedly being caught speeding on here.
I think when the same people show up, thread after thread, with the same unhelpful attitude to an op who needs help, not sanctimony, it's not surprising that people take exception.One simply cannot question the thought process of someone repeatedly being caught speeding on here.
I'm genuinely interested in the mentality of these people, and their reasons for joining the forum. I also wish they hadn't bothered. It detracts from the reason it exists.
Best of luck, op, I think the advice to speak to agtlaw on here is possibly the best you'll get.
Do people simply not understand that people like the OP are perfect fodder for road 'safety' partnerships? Repeat offender getting caught again for what, the fourth time?
You only have to look at how some organisations use things like this to justify their existence. One near me recently published some figures and used them to explain why a road is so dangerous. Anyone in the know understands it's idiot drivers and other things like dangerous overtakes, lack of attention, tired and drink driving. However, they have leapt on the '40 speeders caught in the first month' information and use this as their headline. The ability to link to speed to danger is soooo easy.
Oh yes, the old 'if we didn't speed they would reduce the limits anyway' argument is a load of tosh. It seems that the current tactic of continually being caught speeding isn't working.
And the reasons why someone like me would join PH include the motor racing aspect, the big barge stuff, plus interesting threads about car tweaking and mechanics.
Maybe one day you'll learn from your actions.
Jonno02 said:
battered said:
Mate's brother got 6 months but he did tell the Madge that the police should be after criminals not honest motorists doing 78 on a motorway while out earning a living. That went down well. Grovel, sick parent, hardship, sole driver, offer to pay a heavier fine, sorry milud, you might get less.
He does have a point.It is easier to catch shoplifters with CCTV than it is rapists, just as it's easier to catch dozy motorists than burglars.
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