Will he lose his licence?

[Twirly00]

My husband was caught speeding twice in 2003 and incurred 6 penalty points on his licence and 2 �60 fines. He was also caught speeding again in January 2005 but did not return the letter to say if he was/was not the driver at the time of the alleged offence. He has never heard anything more about this one.

Now more recently he was caught parking illegally by the police who tried to give him an on-the-spot conviction (3 points and �60 I think) but due to his current situation he pleaded with the police saying he couldn't afford to get more points so they sent the details to the proscurator fiscal instead saying they may or may not be more lenient. Turns out they weren't and he has just been issued with �200 fine and 3 penalty points.

Do you think there's any chance at all that the conviction back in January might have been 'forgotten' about or is it only a matter of time before he hears back, loses his licence and his job (he's an HGV driver and all the offences were in his lorry)? Please help as he is not qualified for anything else and I need to know if we will have to sell the house. We have a young child and we would lose everything.

Thanks.

[snowy9999]

lets hope he does lose his licence, it will make the world a safer place for a while

[snapdharlich]

That's a bit harsh, it's not Twirly's fault. I think if it was back in Jan then the chances are that it may not be followed up, however that doesn't change the fact that he's been a b****y idiot in taking these risks - especially with your circumstances. Tell him to grow up and be more responsible. Instead of giving you undue stress and worry.

[hedgehog661]

You are not going to like my reply either

As a Professional driver whos livelyhood and that of his family depend on his driving he should have kown better. It is clear that he is an habitual speeder (we assume that this is only the times he has been caught speeding the rest has gone undetected) Speeding is dangerous and could have deprived another family of thier livelyhood etc had an accident have happened.

It is likely that the police will eventually sort out the offence from January. It would be best if you gave your hubby a good kick up the backside and tell him to take better care of his families livelyhood in future.

On a positive note he may be able to seek out a speed awareness course/training from his local council/police and any ban MAY possibly be reduced. It really depends on the local magistrates.

[Buenchico]

Now I know that you're in Scotland - because of the reference to 'procurator fiscal' - and that some laws are a bit different up there but I still can't work out how a parking offence can lead to penalty points!! (Any suggestions, fellow ABers?).

I think that I might have some good news for you, anyway. If the Scottish authorities do things the same way as here in England, then, when you get the recorded delivery letter, you're only given the option of responding by post if the offence can't lead to disqualification. The fact that the authorities were unaware that the most recent offence should take your husband up to 12 points, definitely seems to suggest that the matter in January seems to have been overlooked. (Just keep your fingers crossed!).

Chris

(PS: Also remember that it won't be too long before the 2003 offences cease to have any relevance. Points on a licence are 'spent' after 3 years and 2006 isn't that far away).

[JudgeJ]

A few points of clarification:

1.The three year “spent” rule applies to the date of the later offence, not the date of conviction. So if Twirly00’s hubby is convicted of the January 2005 offence it is January 2005 that counts for the “totting up” process and not the date when (if ever) he is convicted.

2. Failing to provide information regarding the driver (the offence now committed by hubby) carries three points. This offence is an absolute offence – you either provide the details within the specified time period, or you do not. Speeding is no longer the issue.

3. Parking on, for example, the zig-zags of a pedestrian crossing is an endorseable offence and carries three points. There are some other more serious parking offences which are also endorseable.

4. In England and Wales the CPS have six months to serve notice of intended prosecution for most motoring offences. I assume that the law is the same in Scotland.

5. Hubby should consider whether he is in the right profession.