12 Points....

wafmoo

My brother rang me this evening - he has just been stopped by a roadside speed camera cop, doing 43 in a 30.
Trouble is, he already has 9 points on his licence, most recent ones last June. The officer said he can't give a ticket, and it has to go to magistrates.
Will he automatically get disqualified with 12 points, or will they carry on letting him drive? He needs a car to commute 14 miles (no public transport as he works shifts), plus he has two school age children, and wife expecting another in January. My SIL has a car, but it isn't realistic for her to be 'taxi' driver in her condition.

Any comments appreciated

karatepet

If he uses his car for work purposes they will probably just had the points to his license one of our drivers has 14 points but still is allowed to drive.He might get a hefty fine.

wafmoo

I don't think the fine is an issue, he just doesn't want to lose it

Weird_Nev

He'll have to prove exceptional hardship should he be banned. Work alone is not usually enough, he'd need sole dependents or to be carer for someone with disability for example.
He should expect to be banned for 12 months. He will need a solicitor to put forwards the best mitigation possible to reduce the fine and duration of the ban.
The magistrate may buy the line that he is due another child and must provide, or he may feel that someone in that position with 9 points should have been more careful from the outset...

agrinnall

To be honest if he's stupid enough to drive at 43 in a 30 limit while knowing he has 9 points in his licence he is a buffoon who deserves to be banned, and I hope he is. A period of paying for taxis to and from work may make him reconsider his driving style.

Hintza

agrinnall wrote: »

To be honest if he's stupid enough to drive at 43 in a 30 limit while knowing he has 9 points in his licence he is a buffoon who deserves to be banned, and I hope he is. A period of paying for taxis to and from work may make him reconsider his driving style.

Let he who is without sin cast the first stone.

OP he had better get a good lawyer otherwise buy a push bike, 14 miles will take less than an hour. My great grandfather had to walk 10-12 miles each way to get to university everyday.

wafmoo

I don't know the exact circumstances, but I do know he was driving his wife's car - something he doesn't do very often.

PsiDOC

Hintza wrote: »

Let he who is without sin cast the first stone.

Hell no. On the subject of speeding everyone will have broken the law at some point.
Being irresponsible enough to speed with 9 points on your licence and you need said car for your family an livelyhood is the issue.

Points = prizes and he just won a mountain bike for a while.

Apologies if this sounds harsh however that's how it is.

Psi

Rolandtheroadie

Op, I had 14 points on mines but was still able to drive. I know someone that had 19 on theirs.
As Hintza says, a good lawyers needed.

kingstreet

I assume when summonsed he will take advantage of an early guilty plea to minimise the fine he will receive. The tariff is reduced by one third for an early plea.

He'll be required to appear before magistrates in the circumstances. The offence will normally receive the three points, fine, costs and victim support charge.

As twelve points have been amassed in a three year period, he will be considered for a disqualification under totting up. The first such disqualification will be for six months. The second would be for twelve months and so on...

He will be able to make an exceptional hardship plea to see if a ban can be avoided. He should concentrate on the hardship his ban would have on others. Would his inability to drive prevent him from taking disabled relatives to hospital? Would it impact on employees in his firm? Could a ban have a negative impact on his family through job loss?

An exceptional hardship plea can be made by the individual, or by a solicitor on their behalf. For further help, he should post over here;-

http://forums.pepipoo.com/index.php?showforum=5

It may be a good idea to set down the offence dates for the points he already has, to ensure they are still "live" within three years.

Kilty_2

PsiDOC wrote: »

Points = prizes and he just won a mountain bike for a while.

:rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl:

:cool: