Body & Soul0 min ago
Driving bans-question?
If my friend was caught by a speed camera van whilst doing over 100mph on a motorway in a hire car, what is the chance he may be able to get away with a fine and points rather than a ban beacuse his job necessitates him driving to remote locations doing shift work?
If this is possible what is the best way to approach the appeal.
May I just say this is not ME this is a friend who I will never accept a lift off!
If this is possible what is the best way to approach the appeal.
May I just say this is not ME this is a friend who I will never accept a lift off!
Answers
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If his job entails him being able to drive, why did he not think of that BEFORE driving at over 100mph on the motorway - probably a ban.
Most of us rely on our cars - the fact that it will affect his job should not be taken into account - otherwise it would give everybody carte blanche to speed, drink-drive etc etc without losing their licence.
Most of us rely on our cars - the fact that it will affect his job should not be taken into account - otherwise it would give everybody carte blanche to speed, drink-drive etc etc without losing their licence.
A reverand I know just got another 3 points taking him up to the 12 points so automatic court appearance (all were about 10mph over the speed limit).
He got banned despite the fact that he regularly gets called out in the middle of the night to administer the last rites. He appealed and argued but still got 6 months ban.
He got banned despite the fact that he regularly gets called out in the middle of the night to administer the last rites. He appealed and argued but still got 6 months ban.
any chance he/she has an agressive partner?
http://www.wakefieldexpress.co.uk/news?article id=3027635
http://www.wakefieldexpress.co.uk/news?article id=3027635
To clarify what has been said in bits and pieces so far:
1. Your friend will not be offered a fixed penalty (the upper limit for a fixed penalty is 96mph. If he is, by any chance, offered a fixed penalty he should bite their hands off!).
2. He will be summonsed to appear in Court. This could take up to the time limit of six months.
3. Leaving aside his previous points for the moment, for this latest offence alone he will either be awarded 6 points or he will receive a short ban (up to 56 days). (Note: not both. You cannot receive points and be disqualified for a single offence). In addition he will receive a fine and be ordered to pay prosecution costs and a �15 �Victim Surcharge�. The exact penalty is at the discretion of the Bench when they have heard all the facts.
Anything less than the above and he can count himself extremely fortunate because this is what the magistrates� Sentencing Guidelines say.
4. If he receives a short ban any points he has remain on his licence after the ban and until their expiry (three years from the date of the offence).
5. If he receives six points it will make him a �totter� (12 points within three years) and he will receive a minimum disqualification of six months.
6. In either event he will be offered the chance to tell the Court why he should not be banned, but his application will be on different grounds for each scenario.
7. If he is banned for this offence alone his request will be based upon the offence itself. He will have to show that there were �special reasons� relating to the offence which means he should not be disqualified (e.g. being chased and fearing for his safety). This is not an easy thing to prove and is rarely successful without strong supporting evidence.
8. If he is banned as a �totter� he will have to prove that the ban will result in �exceptional hardship�. Loss of employment or general inconvenience alone is not usually successful in
1. Your friend will not be offered a fixed penalty (the upper limit for a fixed penalty is 96mph. If he is, by any chance, offered a fixed penalty he should bite their hands off!).
2. He will be summonsed to appear in Court. This could take up to the time limit of six months.
3. Leaving aside his previous points for the moment, for this latest offence alone he will either be awarded 6 points or he will receive a short ban (up to 56 days). (Note: not both. You cannot receive points and be disqualified for a single offence). In addition he will receive a fine and be ordered to pay prosecution costs and a �15 �Victim Surcharge�. The exact penalty is at the discretion of the Bench when they have heard all the facts.
Anything less than the above and he can count himself extremely fortunate because this is what the magistrates� Sentencing Guidelines say.
4. If he receives a short ban any points he has remain on his licence after the ban and until their expiry (three years from the date of the offence).
5. If he receives six points it will make him a �totter� (12 points within three years) and he will receive a minimum disqualification of six months.
6. In either event he will be offered the chance to tell the Court why he should not be banned, but his application will be on different grounds for each scenario.
7. If he is banned for this offence alone his request will be based upon the offence itself. He will have to show that there were �special reasons� relating to the offence which means he should not be disqualified (e.g. being chased and fearing for his safety). This is not an easy thing to prove and is rarely successful without strong supporting evidence.
8. If he is banned as a �totter� he will have to prove that the ban will result in �exceptional hardship�. Loss of employment or general inconvenience alone is not usually successful in
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