Speeding on the M5, whats gunna happen?
Discussion
Hi folks, some advice would be gratefully received.
On my way home towards Devon on the M5 today I was pulled for excessive speed, I was offered a fixed penalty 3 points and £60 until I was asked about the health of my licence (9 points). Due to the consequences of the totting up process they had to put me forward for a court summons for excessive speed, fair enough!
My licence has three points due to come off in august and the remaining six in may 2009.
My question is what are my chances of the court letting me run on 12 points till august when three will come off, I run my own business that relies on my licence, my 2nd job(evening job) relies on it and worst of all I live in rural Devon and my girlfriend of 7 years lives/works in London so I tend to commute up to there most weekends.
I'm not looking for sympathy in any way, just advice and also what the worst case might be?
many thanks
Gorisan26
On my way home towards Devon on the M5 today I was pulled for excessive speed, I was offered a fixed penalty 3 points and £60 until I was asked about the health of my licence (9 points). Due to the consequences of the totting up process they had to put me forward for a court summons for excessive speed, fair enough!
My licence has three points due to come off in august and the remaining six in may 2009.
My question is what are my chances of the court letting me run on 12 points till august when three will come off, I run my own business that relies on my licence, my 2nd job(evening job) relies on it and worst of all I live in rural Devon and my girlfriend of 7 years lives/works in London so I tend to commute up to there most weekends.
I'm not looking for sympathy in any way, just advice and also what the worst case might be?
many thanks
Gorisan26
Well I'm in Scotland and can speak from personal experience that the "totting up" process is calculated from the date of offence, not when it goes to court, so assuming you were on 9 points at the date of offence, even though 3 points may have subsequently come off, they will still be taken into account. Perhaps a good lawyer could argue the point, but I would think that it's very unlikely that the court would let you drive with 12 points on your license. I have heard of instances where people have been given "deffered" points on their license, so that any more misdemeaners would result in an instant ban.
Good luck!!
Good luck!!
SpudGunner said:
What? Six months? Are you taking the p?
Cant believe he will get anywhere near that long unless it was drimk driving or similar
I think the 6 month ban is pretty much automatic in these cases, because they can see no evidence of you learning from your past prosecutions, so they have to stop you driving.Cant believe he will get anywhere near that long unless it was drimk driving or similar
http://www.drivingban.co.uk/drivingban/tottingup/d...
I was told by someone who really should know that "reaching 12 points WILL be a six month ban ( just for reaching 12 ) PLUS the punishment for the offence that gets you to 12.
When I reached 10 points I considered it a suspended sentance and drove like a snail for, err, 6 weeks until the novilty of having someone sitting against the rear bumber wore off. I did, however, keep myself point free until my licence was back in single figures......
When I reached 10 points I considered it a suspended sentance and drove like a snail for, err, 6 weeks until the novilty of having someone sitting against the rear bumber wore off. I did, however, keep myself point free until my licence was back in single figures......
When I got banned a few years ago for topping up I got 6 months. The 3 people who went into court before me got NO ban & were allowed to continue driving on 12 points. None of them in my opinion had special circumstances as in other people relying on them driving. I came out thinking "luck of the draw"
gorisan26 said:
Is it worth getting someone to defend me ja think or will it stand to dig me deaper into the sh*t? any ideas what money it would set me back?
ok, nice thoughts on overturning the government but.....any ideas on the above?Edited by gorisan26 on Wednesday 27th February 23:27
gorisan26 said:
gorisan26 said:
Is it worth getting someone to defend me ja think or will it stand to dig me deaper into the sh*t? any ideas what money it would set me back?
ok, nice thoughts on overturning the government but.....any ideas on the above?
fluffnik said:
gorisan26 said:
gorisan26 said:
Is it worth getting someone to defend me ja think or will it stand to dig me deaper into the sh*t? any ideas what money it would set me back?
ok, nice thoughts on overturning the government but.....any ideas on the above?Edited by gorisan26 on Wednesday 27th February 23:58
You'll need to convince the court that losing your licence would leave you or others in exceptional hardship. For example, if others rely on you to be able to drive to prevent them suffering exceptional hardship, this is likely to let you continue driving.
If you would not be able to get another job (losing your job isn't exceptional hardship, but not being able to get another might be), this could be exceptional hardship.
If the court accepts your case and lets you keep driving, you must remember, you won't be able to use exceptional hardship as mitigation again, should you get caught again.
If you would not be able to get another job (losing your job isn't exceptional hardship, but not being able to get another might be), this could be exceptional hardship.
If the court accepts your case and lets you keep driving, you must remember, you won't be able to use exceptional hardship as mitigation again, should you get caught again.
Edited by 10 Pence Short on Thursday 28th February 09:38
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