Question Regarding Driving Ban
Discussion
A friend of a friend has been given a driving ban...... no it's not me before honest.
My father-in-law has been given a 3 month driving ban after an accident he had. Only car involved and not charged by police, only breathalised which is standard.
It was 3-4 months ago in the clydevalley after returning home from a trip to Kilmarnock. It was mid afternoon and a nice day and he was feeling a bit tired. He has either had a lapse in concentration or nodded off. The car went through a fence and down a steep enbankment with it coming to rest with the front wheels in the river clyde.
My mother-in-law had a few bumps and bruises and was badly shaken, but both were able to walk away. It happened on a tight bend ans was only going 20mph or less.
PF took it to court and decided to prosicute. 50 years+ unblemished driving record, ex-army major, no criminal or driving record.
I think seems a bit harsh and i would be interested to hear your views. Can you and is it worth appealing or do you end up getting more? As he plead guility it was 3 month ban instead of 4.
He is 74 or 75, so will he need to re-sit his driving test also?
My father-in-law has been given a 3 month driving ban after an accident he had. Only car involved and not charged by police, only breathalised which is standard.
It was 3-4 months ago in the clydevalley after returning home from a trip to Kilmarnock. It was mid afternoon and a nice day and he was feeling a bit tired. He has either had a lapse in concentration or nodded off. The car went through a fence and down a steep enbankment with it coming to rest with the front wheels in the river clyde.
My mother-in-law had a few bumps and bruises and was badly shaken, but both were able to walk away. It happened on a tight bend ans was only going 20mph or less.
PF took it to court and decided to prosicute. 50 years+ unblemished driving record, ex-army major, no criminal or driving record.
I think seems a bit harsh and i would be interested to hear your views. Can you and is it worth appealing or do you end up getting more? As he plead guility it was 3 month ban instead of 4.
He is 74 or 75, so will he need to re-sit his driving test also?
People may take offence to this statement, but...I really think that people over 70/75 should have a medical check or driving check every year or two to ensure they are still fit to drive.
My grandmother was still driving in her 70s until she became unwell and died but her driving was borderline dangerous at times - she never had an accident on the road but it wasn't very safe either.
As to your issue, if he did plead guilty then a ban should have been expected, I guess he will just have to wait it out.
My grandmother was still driving in her 70s until she became unwell and died but her driving was borderline dangerous at times - she never had an accident on the road but it wasn't very safe either.
As to your issue, if he did plead guilty then a ban should have been expected, I guess he will just have to wait it out.
I think that the fact the PF decided to prosecute, and the ban itself, are both extremely harsh.
Many people who put their cars off the road (with no other vehicle involved) don't get so much as a slapped wrist.
Further, you regularly see features on programmes such as 'Road Wars' and the like where a cars has been TWOC'd, police chase involved, multiple speed limits broken, lives genuinely endangered, ending up in a crash and a decamp, then a chase on foot.....
....and the little scrotes get a small fine if anything at all. (often getting off with it entirely for whatever reason).
Saw one a while back - usual story - police chasing Nova at high speed (up to 70 through residential).
Car finally crashes - driver apprehended.
Charges of driving whilst drunk and drugged, possession of cannabis, driving with no insurance (obviously with the video evidence of the standard of driving during the pursuit)
The sentence?
£240 fine and ordered to sit an extended driving test.
What was the charge that your F-i-L pled guilty to?
Many people who put their cars off the road (with no other vehicle involved) don't get so much as a slapped wrist.
Further, you regularly see features on programmes such as 'Road Wars' and the like where a cars has been TWOC'd, police chase involved, multiple speed limits broken, lives genuinely endangered, ending up in a crash and a decamp, then a chase on foot.....
....and the little scrotes get a small fine if anything at all. (often getting off with it entirely for whatever reason).
Saw one a while back - usual story - police chasing Nova at high speed (up to 70 through residential).
Car finally crashes - driver apprehended.
Charges of driving whilst drunk and drugged, possession of cannabis, driving with no insurance (obviously with the video evidence of the standard of driving during the pursuit)
The sentence?
£240 fine and ordered to sit an extended driving test.
What was the charge that your F-i-L pled guilty to?
Edited by monthefish on Friday 30th November 11:11
I'm not sure what he pled guilty for, but i'm presuming he was admitting that the accident was his fault. I think he was charged with driving without due care & attention. Yes, i agree some older people should have their driving standard/ability looked at every few years, but father-in-law is still fit and alert for his age. I think he expected maybe some points at most.
If he had said he had swerved to avoid a hedgehog or something then nothing more would have been said.
If he had said he had swerved to avoid a hedgehog or something then nothing more would have been said.
auto1 said:
Interesting read, but a few comments (sorry to clutter your thread OP!)IAM said:
Compared with other age groups, the eldest group appeared to stop short of the stop line at junctions and not look as often as others before pulling out.
Older drivers failed to look in their rear view mirror as much as other age groups on the motorway.
(Further down)
Observation errors and misinterpretation of information are common factors in crashes involving older drivers.
These are perhaps the most worrying parts of the article. Sure, older drivers might drive slower, keep bigger distances to the car in front but pulling out without looking properly can be very dangerous.Older drivers failed to look in their rear view mirror as much as other age groups on the motorway.
(Further down)
Observation errors and misinterpretation of information are common factors in crashes involving older drivers.
IAM said:
2.The study was undertaken by TRL on behalf of the IAM. There were thirty-two participants, eight from each of the following age groups: 17-26 year olds, 34-55 year olds, 64-74 year olds, 75+ year olds. The sample size reflects the in-depth nature of the research with the tasks taking a number of hours.
That sample size is simply not big enough, there are over 34 million licenced drivers in the UK, going by the article 9% of them are over 70, so there are 3 million over 70. (A million of them are over 80! http://www.dailymail.co.uk/news/article-2100749/Nu...)Edited by AndrewEH1 on Friday 30th November 12:08
kmm said:
I'm not sure what he pled guilty for, but i'm presuming he was admitting that the accident was his fault. I think he was charged with driving without due care & attention. Yes, i agree some older people should have their driving standard/ability looked at every few years, but father-in-law is still fit and alert for his age. I think he expected maybe some points at most.
If he had said he had swerved to avoid a hedgehog or something then nothing more would have been said.
He's fit and alert AND he either lost concentration or nodded off.If he had said he had swerved to avoid a hedgehog or something then nothing more would have been said.
You said both OP - both can't be entirely true.
Spitfire2 said:
He's fit and alert AND he either lost concentration or nodded off.
You said both OP - both can't be entirely true.
Generally he's fit and alert, but obviosly not on this occasion. What i was trying to say, is that he isn't some doatary old git. I thought the ban was maybe a little harsh, but appreciate your comments.You said both OP - both can't be entirely true.
monthefish said:
Charges of driving whilst drunk and drugged, possession of cannabis, driving with no insurance (obviously with the video evidence of the standard of driving during the pursuit)
The sentence?
£240 fine and ordered to sit an extended driving test.
Now don't be so handy with the truth (not like the PH massive that?).The sentence?
£240 fine and ordered to sit an extended driving test.
It also has to be a minimum of a 12 month disqualification yet you have forgotten all of that to help your cause of making the statement sound like his father has been hard done to.
If you crash a car without recollection and only your car is involved there is either something medically wrong or you have made a massive mistake.
I'm aware of a similar case where the old boy lost his licence for a year. That was on the basis that there was no explanation. So he got disqual on medical grounds.
I suspect there is some concern of the same in this case and the ban time is also "thinking time".
That's all guesswork and if the chap in this case feels it appropriate to get back on the road then I'd have no problem. Though noting the op is in my area if the old boy bends my car I'll be back here moaning about it
I suspect there is some concern of the same in this case and the ban time is also "thinking time".
That's all guesswork and if the chap in this case feels it appropriate to get back on the road then I'd have no problem. Though noting the op is in my area if the old boy bends my car I'll be back here moaning about it
The question is how is he going to fund the appeal? there is avery limited time to do so and must be marked within that time.
I assume he had a lawyer present who will have advised as to the prospects for success or otherwise. In simple terms the presiding judge has a vast discretion and the high court will only interfere if he got it wrong in law or it was totally OTT. The test is generally the degree of CARELESSNESS not the effect unless that can not be disregarded.
Possibly the judge was trying to send a message to him that he should give up driving?
You dont give enough factual legal detail to enable a view to be taken
Hope this helps
Regards
Paul
I assume he had a lawyer present who will have advised as to the prospects for success or otherwise. In simple terms the presiding judge has a vast discretion and the high court will only interfere if he got it wrong in law or it was totally OTT. The test is generally the degree of CARELESSNESS not the effect unless that can not be disregarded.
Possibly the judge was trying to send a message to him that he should give up driving?
You dont give enough factual legal detail to enable a view to be taken
Hope this helps
Regards
Paul
14-7 said:
monthefish said:
Charges of driving whilst drunk and drugged, possession of cannabis, driving with no insurance (obviously with the video evidence of the standard of driving during the pursuit)
The sentence?
£240 fine and ordered to sit an extended driving test.
Now don't be so handy with the truth (not like the PH massive that?).The sentence?
£240 fine and ordered to sit an extended driving test.
It also has to be a minimum of a 12 month disqualification yet you have forgotten all of that to help your cause of making the statement sound like his father has been hard done to.
If you crash a car without recollection and only your car is involved there is either something medically wrong or you have made a massive mistake.
I wasn't present in court at the time of his sentencing. Were you?
Edited by monthefish on Saturday 1st December 09:43
Simple- PF wishes old fella to re-sit test to determine his current driving abilities due to unexplained accident. This is his option to do so.
Unfair yes, but ultimately if the auld fizzer is a great driver he'll fly through the resit. You could say "ageist", but I reckon this is the reason
Edit-sp
Unfair yes, but ultimately if the auld fizzer is a great driver he'll fly through the resit. You could say "ageist", but I reckon this is the reason
Edit-sp
Edited by johnycarrera on Sunday 2nd December 12:33
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