Opinions please - mate got pulled last night
Discussion
Afternoon chaps,
Guy I sit next to at work got pulled last night on the A1 by an unmarked BIB and was caught speeding an average of 87mph and top of 94mph and he threw in an undertaking maneuver as well! Basically he's been a bit of a t1t!
He has six points on his license already, although these would be off next month (after 3 years).
He's a bit worried that he's going to loose his license, especially as his daily commute is from Hemel to Peterborough for work.
Just wanted to get your thoughts on what he should expect??
Cheers
Paul
Guy I sit next to at work got pulled last night on the A1 by an unmarked BIB and was caught speeding an average of 87mph and top of 94mph and he threw in an undertaking maneuver as well! Basically he's been a bit of a t1t!
He has six points on his license already, although these would be off next month (after 3 years).
He's a bit worried that he's going to loose his license, especially as his daily commute is from Hemel to Peterborough for work.
Just wanted to get your thoughts on what he should expect??
Cheers
Paul
Was he given a Fixed penalty Notice for speeding?. Qualifies as under 96mp in a 70 NSL. If so £60 and 3 points. Above 96 Court.
Depending on how the undertaking was carried out and the speed then that could be taramount to Dangerous Driving and could be reported for such with appearancve at Court for sentence.
MAXIMUM: At Mags Court: 6 months imprisonment, or fine up to £5,000, or both. Obligatory disqualification.
dvd
Depending on how the undertaking was carried out and the speed then that could be taramount to Dangerous Driving and could be reported for such with appearancve at Court for sentence.
MAXIMUM: At Mags Court: 6 months imprisonment, or fine up to £5,000, or both. Obligatory disqualification.
dvd
Think its going to depend on what speed they put down. Its normally circa 96mph you get a summons, he maybe lucky.
Good info here http://www.5ive-o.org/forum/faq.php?faq=new_faq_it...
did bib say they will do him for the undertaking? hopefully they will ignore this or he could be done for dangerous driving.
Good info here http://www.5ive-o.org/forum/faq.php?faq=new_faq_it...
did bib say they will do him for the undertaking? hopefully they will ignore this or he could be done for dangerous driving.
Edited by FiveStar on Thursday 18th October 14:44
Dwight VanDriver said:
Was he given a Fixed penalty Notice for speeding?. Qualifies as under 96mp in a 70 NSL. If so £60 and 3 points. Above 96 Court.
Depending on how the undertaking was carried out and the speed then that could be taramount to Dangerous Driving and could be reported for such with appearancve at Court for sentence.
MAXIMUM: At Mags Court: 6 months imprisonment, or fine up to £5,000, or both. Obligatory disqualification.
dvd
Apparently the copper said he would recieve the penalty notice in the post... apparently the undertaking was at about 80mph and he didn't indicate!Depending on how the undertaking was carried out and the speed then that could be taramount to Dangerous Driving and could be reported for such with appearancve at Court for sentence.
MAXIMUM: At Mags Court: 6 months imprisonment, or fine up to £5,000, or both. Obligatory disqualification.
dvd
Paul_Dids said:
Dwight VanDriver said:
Was he given a Fixed penalty Notice for speeding?. Qualifies as under 96mp in a 70 NSL. If so £60 and 3 points. Above 96 Court.
Depending on how the undertaking was carried out and the speed then that could be taramount to Dangerous Driving and could be reported for such with appearancve at Court for sentence.
MAXIMUM: At Mags Court: 6 months imprisonment, or fine up to £5,000, or both. Obligatory disqualification.
dvd
Apparently the copper said he would recieve the penalty notice in the post... apparently the undertaking was at about 80mph and he didn't indicate!Depending on how the undertaking was carried out and the speed then that could be taramount to Dangerous Driving and could be reported for such with appearancve at Court for sentence.
MAXIMUM: At Mags Court: 6 months imprisonment, or fine up to £5,000, or both. Obligatory disqualification.
dvd
He would normally get a ticket for excess speed, or he would be summonsed for careless driving (more likely than dangerous - unless the driving was really poor, and supported by video).
Unless he lived in Scotland and was caught in England, where they might send a conditional offer by post. Also in some occasions if a person is going abroad and needs their licence for car use, the matter can also be dealt with by the postal method.
Careless driving carries between 3 to 9 points and a fine.
Dwight VanDriver said:
Depending on how the undertaking was carried out and the speed then that could be taramount to Dangerous Driving and could be reported for such with appearancve at Court for sentence.
I'm surprised and not a little shocked at this! I thought DD was very difficult to make stick; if no accident was caused would it be more likely to end up as a careless driving charge?Trenham v Rowlands [1976]
Divisional Court relied on Highway Code advice - overtake only on the right...never move to the lane on your left to overtake....etc. and held it was potentially dangerous and thus dangerous driving for a motorist to overtake another on the outside lane at 70 mph by moving over to the inner lanes to do so, particularly having the obligation imposed by said Highway Code by the driver being overtaken to return to the inside lane.
Final decision of what actually is charged would be made by CPS from the file in front of them. Bearing in mind their recent threat to up to the more serious motoring offence then you never know - it there for them to do so.
dvd
Divisional Court relied on Highway Code advice - overtake only on the right...never move to the lane on your left to overtake....etc. and held it was potentially dangerous and thus dangerous driving for a motorist to overtake another on the outside lane at 70 mph by moving over to the inner lanes to do so, particularly having the obligation imposed by said Highway Code by the driver being overtaken to return to the inside lane.
Final decision of what actually is charged would be made by CPS from the file in front of them. Bearing in mind their recent threat to up to the more serious motoring offence then you never know - it there for them to do so.
dvd
allaway said:
Careless driving 3-9 points. So if he has 6 already he could be looking at a ban depending on the points given for careless.
i believe his 6 points come off in a month so by the time this gets to court they will have gone. Tell him to get a decent solicitor he should be able to make sure your friend doesnt get a ban but tell your friend to expect minimum 6 points (morelikely 9-11) and a fine.
FiveStar said:
i believe his 6 points come off in a month so by the time this gets to court they will have gone.
That wouldn't make any difference - assuming 'careless' and / or speeding conviction(s), then any points awarded would be considered valid for totting purposes from the date of the alleged offence(s), not the date of conviction.SS2. said:
FiveStar said:
i believe his 6 points come off in a month so by the time this gets to court they will have gone.
That wouldn't make any difference - assuming 'careless' and / or speeding conviction(s), then any points awarded would be considered valid for totting purposes from the date of the alleged offence(s), not the date of conviction.
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