Opinions please - mate got pulled last night
Opinions please - mate got pulled last night
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Paul_Dids

Original Poster:

419 posts

251 months

Thursday 18th October 2007
quotequote all
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

Dwight VanDriver

6,583 posts

275 months

Thursday 18th October 2007
quotequote all
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

FiveStar

760 posts

235 months

Thursday 18th October 2007
quotequote all
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.

Edited by FiveStar on Thursday 18th October 14:44

Paul_Dids

Original Poster:

419 posts

251 months

Thursday 18th October 2007
quotequote all
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!


iaha

345 posts

264 months

Thursday 18th October 2007
quotequote all
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!

Doesn't ring true tbh.

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.

Mr2Mike

20,143 posts

286 months

Thursday 18th October 2007
quotequote all
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?

10 Pence Short

32,880 posts

248 months

Thursday 18th October 2007
quotequote all
Careless would be more likely.

FiveStar

760 posts

235 months

Thursday 18th October 2007
quotequote all
Is there a chance bib will submit a carless driving charge but CPS will drop it in favour of the speeding charge?

SS2.

14,712 posts

269 months

Thursday 18th October 2007
quotequote all
10 Pence Short said:
Careless would be more likely.
Still up to 9 points (OR a ban) for a CDxx conviction..

Dwight VanDriver

6,583 posts

275 months

Thursday 18th October 2007
quotequote all
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

Paul_Dids

Original Poster:

419 posts

251 months

Thursday 18th October 2007
quotequote all
Cheers for the replies guys smile

mate was shown a video of his driving and he was told he was to be charged with careless driving. He wasn't given anything by the copper though...

allaway

353 posts

253 months

Thursday 18th October 2007
quotequote all
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.

Dwight VanDriver

6,583 posts

275 months

Thursday 18th October 2007
quotequote all
Hello Peterborough Mags Court then.

Summons for two offences:

Driving without due care,

Exceeding the speed limit.

........any bicycles for sale locally?

dvd

FiveStar

760 posts

235 months

Thursday 18th October 2007
quotequote all
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.

JustinP1

13,364 posts

261 months

Thursday 18th October 2007
quotequote all
I reckon he will get nine points in total. I can't be bothered to explain why unless I am proved right later on. smile

3 more years 'on the edge', for your mate I think.


SS2.

14,712 posts

269 months

Thursday 18th October 2007
quotequote all
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.

L14MNV

160 posts

230 months

Thursday 18th October 2007
quotequote all
I believe careless driving has a minimum of 6 points + fine.

Good luck

FiveStar

760 posts

235 months

Thursday 18th October 2007
quotequote all
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.
Is that how it works? sorry to say but your mate is ed...

over_the_hill

3,338 posts

277 months

Thursday 18th October 2007
quotequote all
If it wasn't for the undertake he probably would have got 3points/£60 FPN for the speeding.

SS2.

14,712 posts

269 months

Thursday 18th October 2007
quotequote all
L14MNV said:
I believe careless driving has a minimum of 6 points + fine.
From memory, I think the current sentencing guidelines suggest 3-9 points (OR may disqualify) and a fine not exceeding Level 4 (£2,500) on the standard scale.