son in law speeding tickets 2 in 1 day

Rikki

scotsman4th wrote: »

No rikki, once he has been convicted his licence will be revoked. He can still drive until a court takes his license from him or informs him of his ban and that he has to resit his test.

I was going by this. Its because he is a new driver and hasn't been driving for two years.

My Licence is Revoked

You should be aware that by law neither the police, the courts or the Driver and Vehicle Licensing Agency (DVLA) are obliged to inform you of the loss of your licence. It is taken as read that you are fully conversant with the New Drivers Act (1995) and are also aware of the nature of the point scoring system. None of these organisations are – as we have mentioned – obliged to inform you of such a disqualification and once you have been in receipt of a fixed penalty noticed (or ticket) that takes you beyond the allowed 6 points your ban automatically comes into effect. Driving beyond this point is illegal and subject to further criminal proceedings.


As posted HERE by Happychappy in post#7

Ms_Chocaholic

Rikki's post which states "the allowed 6 points" - does that mean that he is allowed 6 but once he gets 7 his licence will be revoked "once you have been in receipt of a fp notice that takes you beyond the allowed 6 points"

Dustangle

globalds wrote: »

The OP was asking for advice ...
We should leave the judgement to the courts .

Naw - post on an internet forum, you're fair game!!!

Rikki

Ms_Chocaholic wrote: »

Rikki's post which states "the allowed 6 points" - does that mean that he is allowed 6 but once he gets 7 his licence will be revoked "once you have been in receipt of a fp notice that takes you beyond the allowed 6 points"

What is the New Drivers Act?
The New Drivers Act 1995 is a law which applies to anyone who passed their practical driving test after the 1st of June 1997.

During the first two years after passing their driving test, a new driver is placed on a probation throughout which time they cannot accumulate 6 or more penalty points upon their licence. If they receive 6 or more penalty points that the New Drivers Act suggest then they can – by law – have their licence revoked.

Read the link below

www.yourdrivinglicence.co.uk/new-drivers-act.

anewman

globalds wrote: »

The OP was asking for advice ...
We should leave the judgement to the courts .

I believe that the courts have made it so work or whatever is no longer a grounds on which to appeal against points etc. Taking it to court may just land a much bigger fine.

sturll

sarahg1969 wrote: »

It is not a ban. It is revocation of the licence.

That's women's logic for you.

Altarf

He really does need to take professional advice on this and not just accept the points. It is not uncommon for the magistrates to be persuaded to give other than the points. For example either a bigger fine, or as happened to a neighbour's son, the magistrate banned them for several months, which was better than their licence being revoked.

The other point to keep in mind is that if the magistrates do go this route, he will be driving with at least 3 points on the licence, so one slip and then he does get his licence revoked.

John_3:16

I have heard of people who speed just over the limit don't get points but pay for a days course on speeding?

Could it be the case he gets this first then 3 points for his second offence?
Sorry not a legal person but it might be worth checking?

I have also heard that you can't loose your licence on One journey(speeding) is this the case?

odorus

anewman wrote: »

I believe that the courts have made it so work or whatever is no longer a grounds on which to appeal against points etc. Taking it to court may just land a much bigger fine.

The magistrates have to take mitigating circumstances into account. There was a resent case of a taxi driver who had 16 points, got caught on the camera cried to the magistrate that if he lost his licence he would lose his job. The magistrate gave him 3 more points. The taxi company fired him though as he hadn't told them about the points.
This does not apply to anyone who is subject to the new drivers act. They can appeal the particular offence but if found guilty they can't use work e.t.c as a way to keep their licence. The licence will be revoked, they will have to reapply for their provisional licence, re-take the theory test and retake the practical test. When they regain their licence it will still have the 6 points from the first licence. They then go into the normal system of 12 points.
Your son in law could ask to go on a Speed Awareness course, if your area offers one, but it will only count towards one set of points and that will be the 35 in a 30. 45 in a 30 is outside the remit of Speed Awareness Courses, generally. He could ask to go on the Driver Improvement Scheme, again if it is offered by your local authority. It is more expensive but may well help him more than the other course.
Hope that helps.

COPPERS459_2

Hope I can help on this matter.

Firstly it has to be heard by a magistrate.

Secondly speeding kills trust me I have been to many fatal accidents.

Thirdly yes he will lose his license, I would be surprised if he doesnt. Could argue possibly the 35 in a 30, could have some defence for that, but 45 in a 30 not a chance.

Saying you are a driver when you werent is perjury and could also be deemed as perverting the course of justice, fraud, making a false declaration, aiding and abetting anything else you need.

Unfortunately I am not being nasty, but if he loses his license gets a fine and has to retake his test its much better then taking an innocent life.