“OK give some room for judgement but let's say 18 points is a ban, no discretion. What say you?”
I say no. Twelve points is the limit. To accumulate that number you have to commit at least two and more usually four offences within three years. You have ample notice that you may exceed that number. I have never agreed with the “exceptional hardship” (EH) clause which allows drivers to circumvent the totting-up rules.
Anecdotal evidence suggests that EH pleas succeed in about 25% of cases. Many of the cases which succeed (and I have seen plenty) do so on the basis of the hardship to others that will ensue in the event of a ban. Those making such pleas are well versed in this (look at any motoring advice forum). So, they are all sole breadwinners, most have grannies who rely on them to take them to hospital appointments each week and they have children who attend a number of different schools spread far apart. They invariably live where public transport provides no viable alternative. These arguments are well briefed and well rehearsed. So much so that there is nothing “exceptional” about their circumstances; it seems they apply to just about everybody. The argument in favour
The argument in favour of such a clause is that the law is designed to punish the miscreant, not those dependent on them. But there are plenty of offences for which an immediate ban is mandatory and no EH argument can be made. Reaching twelve points should be treated in the same way and those depending on errant drivers should blame the drivers for their hardship, not the law.
“I ask this out of devilment as much as anything else, but how many points do you think you would get, if your were clocked going at 85mph on the Motorway (!)”
Enforcement normally begins at 79mph (Limit + 10% +2mph). You would be offered a speed awareness course, Mikey (up to 86mph) provided you had not done one in the last three years (costs around £100 and half a day of your time). If you were not eligible for that or the speed was greater, for speeds up to 96mph you would receive a Fixed Penalty offer (£100 and 3 points).
“Driving while disqualified already is usually 6 month jail sentence!”
Not quite correct, Eddie. Six months is the maximum sentence for the offence and that would only be imposed in the event of a conviction at trial following a not guilty plea. In fact custody for the offence is the exception rather than the rule. For immediate custody to be the “starting point” for sentencing the offence would have to fall into category 1 (of three) which needs greater harm and higher culpability to be present. Guidelines here:
https://www.sentencingcouncil.org.uk/offences/item/drive-whilst-disqualified-revised-2017/
“75% of the right wingers on here , would not be on here>.”
I must be in the 25% then, Gulliver (assuming I fall into your “right wing” definition). I have provided over 13,000 answers and as far as I can remember have never had a single one removed. Whilst my “right wing” views are usually forthright and may seem to you to be almost rabid, they are rarely, if ever offensive and certainly not so as to attract penalty points. :-)