six points on my licence and a fine of £160
Discussion
I have just got six points on my licence and a fine of £160, i have had no income/job since december 2005! I have only just started up my own gardening business!
Just before xmas last year i was caught speeding in a temp' 30mph road works speed restriction by a mobile laser gun in a white van clocking 52mph, the thing was i had no clue i was speeding until i passed the laser gun, i never saw a temp' 30mph speed restriction till after i passed the van, the traffic cones were off the road and on the verge, plus there was not any works being carried out so i just automaticlily assumed 60mph was the speed limit!
I pleaded guilty in writing to maidstone crown court stating all this but accepted that i did speed but i didnt intend to! As of now i have no driving licence because it would hve been 2 years since i past my test in august 2006! Like i say i have had no money/job since December of last year, i have just started my own business and yet they hit me with six points plus a £160 fine! I thought £35 was the court fee's and maybe another £30-£40 fine on top of that and 3 to 4 points! Driving is something i cant afford to have taken from me and i have never been covicted of a crime ever in my life!
What are the rules or law for point convictions? Can the court do this? Is it worth me challenging this punishment? How would i go about it?
Please can somebody help me out!
Just before xmas last year i was caught speeding in a temp' 30mph road works speed restriction by a mobile laser gun in a white van clocking 52mph, the thing was i had no clue i was speeding until i passed the laser gun, i never saw a temp' 30mph speed restriction till after i passed the van, the traffic cones were off the road and on the verge, plus there was not any works being carried out so i just automaticlily assumed 60mph was the speed limit!
I pleaded guilty in writing to maidstone crown court stating all this but accepted that i did speed but i didnt intend to! As of now i have no driving licence because it would hve been 2 years since i past my test in august 2006! Like i say i have had no money/job since December of last year, i have just started my own business and yet they hit me with six points plus a £160 fine! I thought £35 was the court fee's and maybe another £30-£40 fine on top of that and 3 to 4 points! Driving is something i cant afford to have taken from me and i have never been covicted of a crime ever in my life!
What are the rules or law for point convictions? Can the court do this? Is it worth me challenging this punishment? How would i go about it?
Please can somebody help me out!
It's possible to appeal against sentence, but it may not be worth doing.
You need to get over to www.pepipoo.com and ask in the forums there.
Good luck!
You need to get over to www.pepipoo.com and ask in the forums there.
Good luck!
You didn't see any 30mph signs, and you pleaded guilty? Okay. You can appeal against sentence, why don't you go down that route. Sounds like they've hit you pretty hard so the sentence is never going to be more than you've already got. What difference does it make about your business etc? Why do these points affect that in any way?
You haven't been disqualified (unless you already had six points or more on your licence), your licence has been revoked.
You have to go through having a a provisional licence, theory & practical tests again. There is nothing (in law) to stop you doing that straight away (which you wouldn't be able to do with a disqualification). You will however still have the six points on your licence for the next four year & if you get another six points in the next three years you would be liable for a ban under totting up proceedures.
You have to go through having a a provisional licence, theory & practical tests again. There is nothing (in law) to stop you doing that straight away (which you wouldn't be able to do with a disqualification). You will however still have the six points on your licence for the next four year & if you get another six points in the next three years you would be liable for a ban under totting up proceedures.
Edited by vonhosen on Tuesday 20th June 06:29
Hollywood Wheels said:
You didn't see any 30mph signs, and you pleaded guilty? Okay. You can appeal against sentence, why don't you go down that route. Sounds like they've hit you pretty hard so the sentence is never going to be more than you've already got. What difference does it make about your business etc? Why do these points affect that in any way?
Well my business requires the use of my van as i have customers all over sussex and need to get to and from each one, they effect me because i am in the 2 year period where i am only allowed upto six points on my liecene before its destroyed. Cheers for the post!
vonhosen said:
You haven't been disqualified (unless you already had six points or more on your licence), your licence has been revoked.
You have to go through having a a provisional licence, theory & practical tests again. There is nothing (in law) to stop you doing that straight away (which you wouldn't be able to do with a disqualification). You will however still have the six points on your licence for the next four year & if you get another six points in the next three years you would be liable for a ban under totting up proceedures.
You have to go through having a a provisional licence, theory & practical tests again. There is nothing (in law) to stop you doing that straight away (which you wouldn't be able to do with a disqualification). You will however still have the six points on your licence for the next four year & if you get another six points in the next three years you would be liable for a ban under totting up proceedures.
Edited by vonhosen on Tuesday 20th June 06:29
Cheers for your post!
safespeed said:
It's possible to appeal against sentence, but it may not be worth doing.
You need to get over to www.pepipoo.com and ask in the forums there.
Good luck!
You need to get over to www.pepipoo.com and ask in the forums there.
Good luck!
Thanks for the link! Need all the help i can get! Cheers for the post!
Without being pessimistic, I think it would be quicker just to get a new provisional licence and take your test straight away.
If you pleaded guilty to the offence you now cannot go back to fight the case again on the basis that you were not guilty so your only chance will be to plead against sentence. As has been said there is a 21 day limit to this so if you are already past this it is too late. I cant remember the exact description of a sentence which can be appealed against but it must be grossly harsh.
For example, I was also sentenced for 22mph over the limit, but this was 22mph over the 70mph limit. For this I was also given six points. Thus in comparision mine does sound harsh. I did appeal against conviction and sentence, and had by points reduced to 4 and fine stayed the same at £200.
The problem is to do this cost be the cost of a barrister for the day at £800 and also the CPS costs at £200. If you are worrying about the fine going down that route is a hell of a financial risk. There is possibly the situation that a good lawyer could fight your case and get your sentence reduced to 5 points, but this may not come to court for months and if you lose not only will you ave to retake your test you will have solicitors costs to pay as well.
My advice is to quickly retake your test and get back out there. That has a definate outcome and you can put it behind you.
If you pleaded guilty to the offence you now cannot go back to fight the case again on the basis that you were not guilty so your only chance will be to plead against sentence. As has been said there is a 21 day limit to this so if you are already past this it is too late. I cant remember the exact description of a sentence which can be appealed against but it must be grossly harsh.
For example, I was also sentenced for 22mph over the limit, but this was 22mph over the 70mph limit. For this I was also given six points. Thus in comparision mine does sound harsh. I did appeal against conviction and sentence, and had by points reduced to 4 and fine stayed the same at £200.
The problem is to do this cost be the cost of a barrister for the day at £800 and also the CPS costs at £200. If you are worrying about the fine going down that route is a hell of a financial risk. There is possibly the situation that a good lawyer could fight your case and get your sentence reduced to 5 points, but this may not come to court for months and if you lose not only will you ave to retake your test you will have solicitors costs to pay as well.
My advice is to quickly retake your test and get back out there. That has a definate outcome and you can put it behind you.
justinp1 said:
Without being pessimistic, I think it would be quicker just to get a new provisional licence and take your test straight away.
If you pleaded guilty to the offence you now cannot go back to fight the case again on the basis that you were not guilty so your only chance will be to plead against sentence. As has been said there is a 21 day limit to this so if you are already past this it is too late. I cant remember the exact description of a sentence which can be appealed against but it must be grossly harsh.
For example, I was also sentenced for 22mph over the limit, but this was 22mph over the 70mph limit. For this I was also given six points. Thus in comparision mine does sound harsh. I did appeal against conviction and sentence, and had by points reduced to 4 and fine stayed the same at £200.
The problem is to do this cost be the cost of a barrister for the day at £800 and also the CPS costs at £200. If you are worrying about the fine going down that route is a hell of a financial risk. There is possibly the situation that a good lawyer could fight your case and get your sentence reduced to 5 points, but this may not come to court for months and if you lose not only will you ave to retake your test you will have solicitors costs to pay as well.
My advice is to quickly retake your test and get back out there. That has a definate outcome and you can put it behind you.
If you pleaded guilty to the offence you now cannot go back to fight the case again on the basis that you were not guilty so your only chance will be to plead against sentence. As has been said there is a 21 day limit to this so if you are already past this it is too late. I cant remember the exact description of a sentence which can be appealed against but it must be grossly harsh.
For example, I was also sentenced for 22mph over the limit, but this was 22mph over the 70mph limit. For this I was also given six points. Thus in comparision mine does sound harsh. I did appeal against conviction and sentence, and had by points reduced to 4 and fine stayed the same at £200.
The problem is to do this cost be the cost of a barrister for the day at £800 and also the CPS costs at £200. If you are worrying about the fine going down that route is a hell of a financial risk. There is possibly the situation that a good lawyer could fight your case and get your sentence reduced to 5 points, but this may not come to court for months and if you lose not only will you ave to retake your test you will have solicitors costs to pay as well.
My advice is to quickly retake your test and get back out there. That has a definate outcome and you can put it behind you.
Thanks, i guess i am stuffed! But like u say i should re-take my test asap! Just abit of a p**s take! Cheers for the post!
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