6 points and 6 pending

bunney1981

Hi guys , i need some advice

I have 6 points already, and last april i got caught speeding on a mobile camera, i dragged my heals on sending the paper work out etc as at the time i was out of work and couldn't afford to pay it etc.

I pushed my luck too far far and have had to plead guilty by post and my case is being heard next tuesday.

I was leaving work tonight and within 2 minutes i had been pulled over for speaking on the phone. sods law i was only listening to an answer phone message.

Now obviously thats 12 points. However i have 3 dropping off in march , will i be able to drag this out till then so that by the time my points go on in march it will only total 9 points.

One last problem is that my driving licence is with the court and i have been given 7 days to produce it at a police station.

Any advice would be great

Sgt_Pepper_2

bunney1981 wrote: »

Hi guys , i need some advice

I have 6 points already, and last april i got caught speeding on a mobile camera, i dragged my heals on sending the paper work out etc as at the time i was out of work and couldn't afford to pay it etc.

I pushed my luck too far far and have had to plead guilty by post and my case is being heard next tuesday.

I was leaving work tonight and within 2 minutes i had been pulled over for speaking on the phone. sods law i was only listening to an answer phone message.

Now obviously thats 12 points. However i have 3 dropping off in march , will i be able to drag this out till then so that by the time my points go on in march it will only total 9 points.

One last problem is that my driving licence is with the court and i have been given 7 days to produce it at a police station.

Any advice would be great

Points for totting are from date of offence are they not?

photome

Not normally one to preach and pepipoo might be your best port of call BUT should you be on the road, phones and driving dont mix and you already had points and points pending.

Maybe a break from driving for a year would give you time to reflect

Sgt_Pepper_2

photome wrote: »

Not normally one to preach and pepipoo might be your best port of call BUT should you be on the road, phones and driving dont mix and you already had points and points pending.

Maybe a break from driving for a year would give you time to reflect

Why a year? Totting is six months.:santa2:

Hintza

bunney1981 wrote: »

One last problem is that my driving licence is with the court and i have been given 7 days to produce it at a police station.

Why do you have to show your licence?

They can check that at the roadside along with all your other docs.

Sgt_Pepper_2

Hintza wrote: »

Why do you have to show your licence?

They can check that at the roadside along with all your other docs.

Probably because he's been issued with a ticket.;)

hollie.weimeraner

Off to pepipoo for advice pretty sharpish. Under totting up you will be liable to a short ban but if losing your licence is liable to cause undue hardship (eg possible loss of job or income) then you may be able to claim "special reasons" for not being banned.

Pepipoo and then possible legal advice will be a necessity. As far as licence production is concerned, just turn up at the specified police station and tell them your licence is with the courts and they should extend your production time

Sgt_Pepper_2

hollie.weimeraner wrote: »

Off to pepipoo for advice pretty sharpish. Under totting up you will be liable to a short ban but if losing your licence is liable to cause undue hardship (eg possible loss of job or income) then you may be able to claim "special reasons" for not being banned.

Pepipoo and then possible legal advice will be a necessity. As far as licence production is concerned, just turn up at the specified police station and tell them your licence is with the courts and they should extend your production time

The 'hardship' has to affect someone other than the offender. After all it is a punishment.:p

Can you tell us what act and section covers extended production time?

hollie.weimeraner

Sgt_Pepper wrote: »

The 'hardship' has to affect someone other than the offender. After all it is a punishment.:p

Can you tell us what act and section covers extended production time?

There isn't an act and section for production time it is based on the discretion of the person taking the production.

Not producing the licence does constitute an offence but does not necessarily lead to a prosecution itself as there may be mitigating circumstances (as in this case).

What would normally happen with a non production is that the officer in the case would obtain a dvla printout of the drivers licence details and produce a prosecution file (if necessary) for court based on that printout.

The offender would then appear at court and would be expected to produce the licence their.

There are numerous scenarios where people are unable to produce a driving licence and it would be deemed excessive to prosecute every case that had a reasonable excuse.

Oh and "should" in the original post should have really been "may"

Sgt_Pepper_2

hollie.weimeraner wrote: »

There isn't an act and section for production time it is based on the discretion of the person taking the production.

Not producing the licence does constitute an offence but does not necessarily lead to a prosecution itself as there may be mitigating circumstances (as in this case).

What would normally happen with a non production is that the officer in the case would obtain a dvla printout of the drivers licence details and produce a prosecution file (if necessary) for court based on that printout.

The offender would then appear at court and would be expected to produce the licence their.

There are numerous scenarios where people are unable to produce a driving licence and it would be deemed excessive to prosecute every case that had a reasonable excuse.

Well it's kind of irrelevant in this case as you can't disqualify on a ticket so no point in extending the production time to allow the ticket to become a full one.

shaun_from_Africa

Sgt_Pepper wrote: »

Can you tell us what act and section covers extended production time?

Section 164.8 of the RTA 1988.

(8)In proceedings against any person for the offence of failing to produce a licence it shall be a defence for him to show that

(a)within seven days after the production of his licence was required he produced in person at a police station that was specified by him at the time their production was required, or

(b)he produced them in person there as soon as was reasonably practicable, or

(c)it was not reasonably practicable for him to produce [them] there before the day on which the proceedings were commenced

If you don't have physical possession of your licence because it is with the court it isn't reasonably practicable to produce it with the 7 day allowable period so provided that you do so when you receive it back, you are acting within the law.