Best case?

Author
Discussion

21TonyK

Original Poster:

11,895 posts

216 months

Thursday 16th May
quotequote all
Thankfully not one of my kids!

License for under 2 years, 50+ in a 30.

Lose license for (how long?) and then retake test etc etc?

Job is dependent on driving, any mitigation?

Sebring440

2,307 posts

103 months

Thursday 16th May
quotequote all
21TonyK said:
Thankfully not one of my kids!

License for under 2 years, 50+ in a 30.

Lose license for (how long?) and then retake test etc etc?

Job is dependent on driving, any mitigation?
How can anyone advise on mitigation when you have supplied no details whatsoever?

rofl

Greendubber

13,818 posts

210 months

Friday 17th May
quotequote all
I would suggest whoever it is needs to seek some proper legal advice on the matter and take it from there.

GasEngineer

1,166 posts

69 months

Friday 17th May
quotequote all
Sebring440 said:
21TonyK said:
Thankfully not one of my kids!

License for under 2 years, 50+ in a 30.

Lose license for (how long?) and then retake test etc etc?

Job is dependent on driving, any mitigation?
How can anyone advise on mitigation when you have supplied no details whatsoever?

rofl
I read it as the person's job is dependent on driving so OP was asking if that would that be taken into account when considering a driving ban.

Alickadoo

2,287 posts

30 months

Friday 17th May
quotequote all
21TonyK said:
Thankfully not one of my kids!

License for under 2 years, 50+ in a 30.

Lose license for (how long?) and then retake test etc etc?

Job is dependent on driving, any mitigation?
Right. Assuming we are in the UK.
It's not a licenSe, it's a licenCe.

Nobody in the UK has a licenSe.

LicenSe is a verb.
LicenCe is the noun.

21TonyK

Original Poster:

11,895 posts

216 months

Friday 17th May
quotequote all
Sebring440 said:
21TonyK said:
Thankfully this post is not about one of my kids but raised by them as it involves one of their friends!

The muppet in question has held their License for under 2 years, and was caught doing 50+ in a 30 limit.

I have suggested that they will automatically Lose their license for a set period (any ideas how long?) and then have to retake their test etc etc?

Unfortunately for them, thier Job is dependent on driving, is this any mitigation? Or is it a definite ban, no questions
How can anyone advise on mitigation when you have supplied no details whatsoever?

rofl
Okay, I've added a lot of superfluous words if that helps.

21TonyK

Original Poster:

11,895 posts

216 months

Friday 17th May
quotequote all
Greendubber said:
I would suggest whoever it is needs to seek some proper legal advice on the matter and take it from there.
Ta, sounds like there might be a little wriggle room. From what I gather they are talking to a solicitor so maybe they aren't automatically looking for a new job.

21TonyK

Original Poster:

11,895 posts

216 months

Friday 17th May
quotequote all
Alickadoo said:
Right. Assuming we are in the UK.
It's not a licenSe, it's a licenCe.

Nobody in the UK has a licenSe.

LicenSe is a verb.
LicenCe is the noun.
Thank you, that helps.

When you read "LicenSe" does it sound and mean the same as "LicenCe" given the context?

FMOB

1,994 posts

19 months

Friday 17th May
quotequote all
You need proper legal advice. See AGT Law. http://www.counsel.direct/

I would suspect they would get a big fine and more than 3 points rather than a ban but would they get 6 points is the question.

In this case the licence is gone because of the 2 year/6 points rules and they will need to apply for a new licence and take their test again which isn't a particularly quick process.

I would suspect the kids friend will be off the road and needing L plates again.

Forester1965

2,785 posts

10 months

Friday 17th May
quotequote all
AGT is your man.

50 in a 30 sentencing guidelines suggest 4 - 6 points. If it's a first offence that helps toward mitigation. Add any other mitigating circs. Work need. Reduction for guilty plea.

21TonyK

Original Poster:

11,895 posts

216 months

Friday 17th May
quotequote all
Cheers all, sounds like its not as cut and dried as i initially thought. Kid involved has a decent job and would lose it if he could not drive so well worth the investment in proper representation if it might help.

Anyway, can't condemn the poor sod. People in glass houses and all that drivingcoprolleyes

E-bmw

9,966 posts

159 months

Friday 17th May
quotequote all
Hopefully the situation may make him sit up & take notice, but a bit of reinforcement wouldn't help.

I would be seriously telling him that if his job means anything to him, he needs to bare that in mind and start driving like Miss Daisy is in the back.

LosingGrip

7,964 posts

166 months

Friday 17th May
quotequote all
What speed? 50+ could be 51 or 80. Massive difference.

Personally I'd be wanting a set ban rather than six points and having to resit my theory and practical with the waiting times.

spookly

4,192 posts

102 months

Friday 17th May
quotequote all
All he can do is early guilty plea and beg to get less than 6 points. Representation might be a good plan.

I got my license revoked years ago, and was back on the road within 4 weeks, but back then there wasn't a massive backlog of people waiting for driving tests.

My lad is about to take his theory test next week, that was a 1 months wait for the first available. When I looked at practical tests, there are none available in our local test centre in the next 5 months, so will have to book 5 months out and try for a cancellation.

sturge7878

80 posts

7 months

Friday 17th May
quotequote all
Plenty of options but have you named the driver yet? Would suggest perhaps your au pair who has just returned to Romania and is no longer contactable could be an easy ‘mitigation’…

Forester1965

2,785 posts

10 months

Friday 17th May
quotequote all
I missed the + next to the 50. Makes it more difficult.

pavarotti1980

5,455 posts

91 months

Friday 17th May
quotequote all
Alickadoo said:
Right. Assuming we are in the UK.
It's not a licenSe, it's a licenCe.

Nobody in the UK has a licenSe.

LicenSe is a verb.
LicenCe is the noun.
I am glad you posted this otherwise I would have had no idea what the OP was going on about. Thank goodness for pompous pedantic clowns

Forester1965 said:
I missed the + next to the 50. Makes it more difficult.
That would put it into band c category so the actual speed isnt important.

6 points and fine of 125-175% of gross weekly wage. 6 points would mean a ban, revocation of license and back to provisional until a new theory and practical is passed

Edited by pavarotti1980 on Friday 17th May 09:00

Greendubber

13,818 posts

210 months

Friday 17th May
quotequote all
sturge7878 said:
Plenty of options but have you named the driver yet? Would suggest perhaps your au pair who has just returned to Romania and is no longer contactable could be an easy ‘mitigation’…
And that's why you shouldn't ask for advice on the internet.

agtlaw

6,910 posts

213 months

Friday 17th May
quotequote all
pavarotti1980 said:
That would put it into band c category so the actual speed isn't important.

6 points and fine of 125-175% of gross weekly wage. 6 points would mean a ban, revocation of licence and back to provisional until a new theory and practical is passed

Edited by pavarotti1980 on Friday 17th May 09:00
Wrong. Note the guideline mentions driving "grossly in excess of the speed limit."

Fine Band C isn't a description of a sentencing category. It's a type of fine. Online articles invariably get this wrong.

The maximum fine for speeding is actually level 3 or level 4 (£1000 non-motorway / £2500 motorway).

The guideline says 7-56 day ban or 6 points. But note the guideline regarding grossly excessive speed.

You assume he will plead 'not guilty' and be found guilty after trial with no credit applied? Why?

Net weekly income. Not gross weekly income.

Identify the Starting Point then deduct one-third off for pleading guilty at the earliest opportunity.

6 points does not mean a ban! That's utter nonsense.

6 points means revocation and re-test.

The best strategy:

- ignore nonsense posted on car forums by well intentioned but ignorant posters
- get out of the Single Justice Procedure
- prepare your case
- attend court
- ask for 5 points or a short ban (a short ban avoids revocation and retest)


Super Sonic

7,230 posts

61 months

Friday 17th May
quotequote all
sturge7878 said:
Plenty of options but have you named the driver yet? Would suggest perhaps your au pair who has just returned to Romania and is no longer contactable could be an easy ‘mitigation’…
This could result in a prison sentence.