Banned five times

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10 Pence Short

32,880 posts

218 months

Saturday 5th February 2011
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H_Kan said:
He is 24, therefore been driving legally for a maximum of 7 years. In that time he has been banned for 4 periods of undisclosed length, but it is reasonable to say they will have become progressively longer.

Therefore, on the balance of probabilities, I think it is a fair assumption for posters to make that he was driving whilst banned. We can't be certain but it looks likely.
I'm not sure I follow your logic on this one. He could very easily have been disqualified on a number of seperate occasions for speeding offences that only carry short term disqualifications (as in a couple of weeks at a time). I appreciate that might not be the case, but it is equally if not more likely than your supposition.

Knowing the press' appetite for making a story more appealing to the reader, I would be astonished if someone was disqualified at the time and yet they chose not to mention the fact in their report.


If I was in the Sheriff's shoes, I'd have been keen to demand a retest at the very least.

Knock_knock

573 posts

177 months

Saturday 5th February 2011
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10 Pence Short said:
I'm not sure I follow your logic on this one. He could very easily have been disqualified on a number of seperate occasions for speeding offences that only carry short term disqualifications (as in a couple of weeks at a time). I appreciate that might not be the case, but it is equally if not more likely than your supposition.

Knowing the press' appetite for making a story more appealing to the reader, I would be astonished if someone was disqualified at the time and yet they chose not to mention the fact in their report.

If I was in the Sheriff's shoes, I'd have been keen to demand a retest at the very least.
I think you're probably right - a series of short-ish bans for individual offences, and perhaps one previous totting ban, is the most likely explanation.

He wasn't driving whilst disqualified on this occasion; just driving too fast.

I don't know if a power exists (in England, and especially Scotland) to demand an extended driving test under these circumstances, but suspect that it would have been used if available.

Personally, based on his driving record to date I suspect that he will never learn or choose to drive within the rules, and can but hope that when it goes wrong he only kills himself!


KK


10 Pence Short

32,880 posts

218 months

Saturday 5th February 2011
quotequote all
Knock_knock said:
I don't know if a power exists (in England, and especially Scotland) to demand an extended driving test under these circumstances, but suspect that it would have been used if available.
To the best of my knowledge the Lower Courts, in England anyway, have the power to order a retest for almost any offence. It seems to be little used and as such becomes open to challenge by appeal when imposed 'out of the blue'. This is only going to lessen its appeal to the Mags.

An extended retest is reserved for more serious individual offences, such as Dangerous Driving, where it is mandatory.

Tubby2

398 posts

179 months

Saturday 5th February 2011
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Given that the driver chose to break the law, by exceeding the speed limit by at least 47mph, is it likely that he would have any regard for the bans imposed on him?!