Think im going to loose my licence... UPDATE :D

[tubthumper 0]

So, many of you will have seen my post about a week ago about me getting a speeding ticket...

Looks like I was caught twice on the same road over the space of a couple of days. As I havent been riding for more than 2 years, 6 points will mean I have my license revoked...

I'm besides myself, my license was totally clean prior to this.

Would it be worth going to court, as im sure a FPN would involve an instant revokation

[Neill 0]

Thats a bit unlucky Josh

as for court or fpn if I understand the law correctly the revokation is automatic but a court appearence can up the fine from the 60 quid if they feel so inclined
best advise I can offer is to consult a solicitor about the situation
they will be able to give better advise than any of us

[dick65 0]

thats bad news josh,its an automatic ban for less than 2 years with 6 points as neill says consult a solicitor he'll point you in the right direction

[Chadatious 0]

You not restricted then. And shouldn't ride so quick then should ya

[madsod 0]

o shit thats well bad news . sorry

[lee1 1]

take it you have had another letter then

not much anyone can say,you may just have to take it on the chin and learn from it

[tubthumper 0]

@dick65 wrote:

thats bad news josh,its an automatic ban for less than 2 years with 6 points

I know im just not sure if there is any way to contest points through the courts.

@Chadatious wrote:

You not restricted then. And shouldn't ride so quick then should ya

And any bike restricted or not will do 48mph Chad. And i guess you never speed then? lol

[Chadatious 0]

@tubthumper wrote:

@dick65 wrote:

thats bad news josh,its an automatic ban for less than 2 years with 6 points

I know im just not sure if there is any way to contest points through the courts.

@Chadatious wrote:

You not restricted then. And shouldn't ride so quick then should ya

And any bike restricted or not will do 48mph Chad. And i guess you never speed then? lol

Not too much. Not at night anymore when all you can do is take it on chin mate. And thought 6 points was fine but when you get 7 its a ban

[tubthumper 0]

@Chadatious wrote:

@tubthumper wrote:

@dick65 wrote:

thats bad news josh,its an automatic ban for less than 2 years with 6 points

I know im just not sure if there is any way to contest points through the courts.

@Chadatious wrote:

You not restricted then. And shouldn't ride so quick then should ya

And any bike restricted or not will do 48mph Chad. And i guess you never speed then? lol

Not too much. Not at night anymore when all you can do is take it on chin mate. And thought 6 points was fine but when you get 7 its a ban

The annoying thing is, neither do I. I genuinley had no idea this road was a 30. I allways slow down for villages, estates and crossings. And no its '6 or more', seems very discriminatory to me...

[lee1 1]

saying you didnt know the road was a 30 limit in court wont work

as said go speak to a solicitor

[tubthumper 0]

@lee wrote:

saying you didnt know the road was a 30 limit in court wont work

as said go speak to a solicitor

Yeah i know mate but thanks anyway!

I think i will sit it out and wait for the nest set of letters to come through. I rang the 'Safer Roads Team', and the guy there said that if i sent in both NIPs in good time it would be 'to my benefit' and i should 'expect them to be pretty lenient'. Haven't a clue what that means!

[firehawk 0]

@lee wrote:

saying you didnt know the road was a 30 limit in court wont work

as said go speak to a solicitor

There are usually hints like spacing of street lamps, signs at side junctions, road markings etc etc. If there are no marker signs and you are in a built up area then you are most likely in a 30 limit.

[lee1 1]

@tubthumper wrote:

@lee wrote:

saying you didnt know the road was a 30 limit in court wont work

as said go speak to a solicitor

Yeah i know mate but thanks anyway!

I think i will sit it out and wait for the nest set of letters to come through. I rang the 'Safer Roads Team', and the guy there said that if i sent in both NIPs in good time it would be 'to my benefit' and i should 'expect them to be pretty lenient'. Haven't a clue what that means!

Think that just means they want your money sooner rather than later,hope you sort things out

[tubthumper 0]

@firehawk wrote:

@lee wrote:

saying you didnt know the road was a 30 limit in court wont work

as said go speak to a solicitor

There are usually hints like spacing of street lamps, signs at side junctions, road markings etc etc. If there are no marker signs and you are in a built up area then you are most likely in a 30 limit.

I'm well aware. Like i've said before, I don't usually speed, and have never been caught before.

It was a stretch of road i hadn't used before, and it was a dual-carrigeway A-road. No excuse, but goes some way to explain how it happened.

[inch_speller 0]

Crap luck on that one dude.

Good luck with the outcome.

[haveugot1 0]

Spoke to my m8 a traffic cop and he said take it to court and explain you need your licence to get about, work etc.

You can also do a course so as not to get the points but pay a heavy fine.

[firehawk 0]

@haveugot1 wrote:

Spoke to my m8 a traffic cop and he said take it to court and explain you need your licence to get about, work etc.

That's only in exceptional circumstances. If you think about, they are the reasons why most people have cars. Most people would say that you should have thought about that before committing the offence. I think doctors etc can get away with it but jo public have the option of getting a cab or catching a bus/train so wont neccesseraly work. You could just waste time and potentially extra money going to court. You risk a heavier fine. Funnily enough, I was doing my NVQ2 in Taxi driving today and this is one of the conversations that came up. The advice is to take it on the chin and not risk wasting court time and costing you more.

@haveugot1 wrote:

You can also do a course so as not to get the points but pay a heavy fine.

That all depends on the speed you were doing and the speed limit where you got caught etc. The local authorities set thresholds but typically, if you were doing 38 or more in a 30, you wont have the option of the course as you were over the threshold. You are also only allowed to take the course once in a 3 year period so would still have to take the points and fine for the other one should the first one be under the threshold.

Like the guys have said, you may have to take it on the chin. What happens, happens. My personal opinion is it isn't worth taking it to court because you took the risk and at the time, weren't taking notice of the limit you were in etc etc. Like one of the guys said, 'not knowing it was a 30' is not an acceptable excuse in the case of the courts. It's like my mums excuse when she got court. She said 'oh, i didn't think to brake'. Guess what, big fine and 3 points.

Sorry mate but personally, I don't think you have much choice. I know where you are coming from. We all do it at times and if we got caught, we'd want to try and get out of it but the REALITY is, you committed the offence so now you need to take the punishment. It may do you some good and you will be more aware in the future.

[Gazman 0]

Sorry to read this Josh, that sucks mate. IMO it would be worth seeing if you could get one lot of points lost by doing the course and take the other lot with the fine, that way you will only have 3 points and will not loose your licence. I wouldn't cling to this next bit of info, but I know 2x people, this year who have opted for the course for minor speeding offences and have heard nothing for months, no course, no points, no fine. A good friend of mine even changed the address on his licence since and it came back clean and still not heard anything. Good luck mate, we all speed from time to time but it's s**t when you get caught. Gaz

PS personally, I don't believe in taking anything on the chin, if there's half a chance go for it.

[Kenb 0]

Take the hit, apply for a provisional and jump through the hoops again. Points will show on a new provisional.

[dick65 0]

@haveugot1 wrote:

Spoke to my m8 a traffic cop and he said take it to court and explain you need your licence to get about, work etc.

You can also do a course so as not to get the points but pay a heavy fine.

not sure you can take the course in your first 2 years could be wrong though.

[fr499y 0]

if its within the first 2 years, you dont get the choice, its points and if theres 6 or more, no licence!

[tubthumper 0]

@fr499y wrote:

if its within the first 2 years, you dont get the choice, its points and if theres 6 or more, no licence!

Sorry mate but that ain't right at all, the missus has done a speed awareness course and she hasn't been driving 2 years.

I know a friend of mine was doing a similar speed and was offered a 'young drivers course' so i'm kind of holding out for one of these!

As for taking it on the chin or 'it doing me some good', it won't. All i can see coming from this is a whole load of inconvenience and less money in my pocket. Anyone can make a mistake, i see far worse dangerous driving on the roads on a daily basis but sadly theres no 'braking on a slip road' or 'failing to indicate when exiting a roundabout' cameras.

If i had decided, instead of commuting to Uni on the days in question, mugged a granny in the street for her pension book, i would have no fine, no inconvenience, and only a caution to my name. But obviously speeding is a far worse 'crime'. And all in the name of justice

[2wheels 0]

Yogis news is it only gets revoked. Pull yet finger out and book yer test and you'll be back on the road in no time.

Hard luck though mate. Been there done that

[Kenb 0]

Can you prove they got it wrong when they caught you speeding?

Can you prove their equipment was at the time of the alleged offence out of calibration.

Can you prove where they caught you was not in accordance with the law.

If you go to court be prepared for worse than you have now if you lose.

How much will it cost to get a specialist lawyer to represent you in court and can you afford a few £K?

No good turning up at court unless you have a full understanding of the law surrounding the use of the equipment that caught you.

You are correct some lucky speeders with under 2 years full licence are offered a speed awareness course but don't hold your breath you have no idea you will be one of the lucky ones.

If I understand correctly your first alleged offence was 48mph in a 30 limit. If the latest (2nd) NIP is a similar speed you can say goodbye to you licence.

[fr499y 0]

@tubthumper wrote:

@fr499y wrote:

if its within the first 2 years, you dont get the choice, its points and if theres 6 or more, no licence!

Sorry mate but that ain't right at all, the missus has done a speed awareness course and she hasn't been driving 2 years.

Yes but car licence and bike are different... the rules are different aswell ( bikes restricted for first 2 years and any offences hit you harder )

[Kenb 0]

http://forums.pepipoo.com/index.php?autocom=ibwiki&cmd=article&id=34

[tubthumper 0]

@fr499y wrote:

@tubthumper wrote:

@fr499y wrote:

if its within the first 2 years, you dont get the choice, its points and if theres 6 or more, no licence!

Sorry mate but that ain't right at all, the missus has done a speed awareness course and she hasn't been driving 2 years.

Yes but car licence and bike are different... the rules are different aswell ( bikes restricted for first 2 years and any offences hit you harder )

Mate i know people who have completed speed awareness courses on bikes aswell. I'm pretty sure the 'new drivers act' applies to everyone and the rules are identical...

[fr499y 0]

ok..
*QUOTE*

New Drivers Act
Your driving licence is automatically revoked (withdrawn) if you build up six or more penalty points within two years of passing your first driving test.

And yes speed awareness course if caught doing a little over, but like you said, caught twice in a couple days, one doing 48 in a 30 and the other is unknown to us all, so by saying that the above which i did say earlier still applies

[Kenb 0]

You are considered an habitual speeder with no regard for others, therefore will have to suffer the consequences. 60% over the legal limit is not a good point to argue. Before the end of the week you might get another through the post. Said previously your licence will be gone. I hear the same story every week with the same results.

[Gazman 0]

Don't take it on the chin Josh, at least try to get rid of 3x points with a course. Good luck mate Gaz

[Kenb 0]

I hope he is offered a speed awareness course but this is doubtful if the second NIP is in the 40's.

[tubthumper 0]

@fr499y wrote:

ok..
*QUOTE*

New Drivers Act
Your driving licence is automatically revoked (withdrawn) if you build up six or more penalty points within two years of passing your first driving test.

And yes speed awareness course if caught doing a little over, but like you said, caught twice in a couple days, one doing 48 in a 30 and the other is unknown to us all, so by saying that the above which i did say earlier still applies

Matt, I think were agreeing with each other lol!

@Gazman wrote:

Don't take it on the chin Josh, at least try to get rid of 3x points with a course. Good luck mate Gaz

My mother, who works for the Police, has spoken to the boss of the Safe Roads team, and he has informed her that they will take the fact that the two offences were in a short time frame when deciding my penalty. He also told her it is in my interestes to go to court if the two fixed penalties are served, as the magistrate may choose to ban me (instead of the automatic revocation by the DVLA) for three months, meaning I dont loose my licence and have dont have to re-take. So I suppose this is encouraging...

[Kenb 0]

http://www.motoroffence.co.uk/services/new-drivers

[tubthumper 0]

@Kenb wrote:

http://www.motoroffence.co.uk/services/new-drivers

Cheers for that Ken. Although the first paragraph goes against what is said by the Police and on police websites.

The magistrate isn't reposible for ordering the revocation of the licence, it is an automatic abitury process by the DVLA. If i were to take the case to court (by not accepting the FPN, of which I havent received as yet) the magistrate would be more likely to ban me from driving as opposed to revoking the licence outright...

[RichardH 0]

dont want to add to your misery mate but if you just get a ban, at your age the insurance would be astranomical

[tubthumper 0]

ITCHY wrote:

dont want to add to your misery mate but if you just get a ban, at your age the insurance would be astranomical

I don't think i have ever been asked if i've been banned from driving on an insurance form?

[smilinjack 0]

@tubthumper wrote:

ITCHY wrote:

dont want to add to your misery mate but if you just get a ban, at your age the insurance would be astranomical

I don't think i have ever been asked if i've been banned from driving on an insurance form?

Got to have been. Standard question that.

[Neill 0]

Dont take too much notice off police advice they dont sit on the bench.
When you stand in front off the magistrates they arent legal professionals, the court clerk will inform the magistrates off your offence and all circumstances pertaining to the offence and what they can sentence you to including the new drivers act and will inform them that it is out off their hands because it is automatic.

you may get lucky and they miss it but dont count on it.I still say get some legal advise before you do anything. Good luck

[tubthumper 0]

@smilinjack wrote:

@tubthumper wrote:

ITCHY wrote:

dont want to add to your misery mate but if you just get a ban, at your age the insurance would be astranomical

I don't think i have ever been asked if i've been banned from driving on an insurance form?

Got to have been. Standard question that.

Must have just brushed over it then!

@Neill wrote:

Dont take too much notice off police advice they dont sit on the bench.
When you stand in front off the magistrates they arent legal professionals, the court clerk will inform the magistrates off your offence and all circumstances pertaining to the offence and what they can sentence you to including the new drivers act and will inform them that it is out off their hands because it is automatic.

you may get lucky and they miss it but dont count on it.I still say get some legal advise before you do anything. Good luck

Yeah i have a friend who is a motor solicitor. Think i'll give him a ring... Thanks..

[BanditMike 0]

Good luck mate. Just make sure of everything if you do take it to court. As has been said, the people who have given you advice don't sit on the bench in front of you.

[tubthumper 0]

Good news!

I got a letter through the post the other day saying that as I recieved the second first NIP before the second offence, they have taken the decision to cancel the second offence and make me a conditional offer for the first!

So, I've 'got away with' just 3 points and a £60 fine - result! Just goes to show that nothing is automatic and even in regards to speeding, the Police can still be reasonable.

Cheers for all your support guys...

[dick65 0]

great news josh just be careful out there.

[fr499y 0]

thats good news! now slow the f**k down in built up bloody area's!!!!!

[trebor4460 0]

gud news buddy,

[Davehutch-hutchs 0]

Good news m8,learn from it and put it behind you

[madsod 0]

nice one just slow down a bit with the right hand now

[stantheman 0]

good news you lucky bugger

[lee1 1]

nice one you will learn from it

[Stue11 0]

LIke everyones said Josh lucky bugga, as im sure you will learn from it

[tubthumper 0]

@fr499y wrote:

thats good news! now slow the f**k down in built up bloody area's!!!!!

It wasnt a 'built up bloody area' mate! It as a dual-carrigeway A-raod that used to be a 40!

And yeah I will learn from it! However, how many of us can claim to never speed...?