Newbi needing advice

Vga1984

Hi not sure if I'm posting in the right place but here it goes

My oh was pulled for driving on a motorway in December the police man pulled him at 90 mph ( he's an idiot I know nothing I haven't told him over and over) so anyways he came away got the fine through the door rang up and paid it but forgot to send his licence. A few weeks ago he got a refund and today he received a court summons. On the summons it states his offence as driving at the lowest point of 90mph. He currently has 6 points on his licence but 3 days before his court day 3 of those points will be 3 years old so still there but not live so on the court date he will have 3 live points. I have 3 main questions

1 why did he get fined and then refunded is it anything to do with him not sending his licence off

2 will they use 90mph os the speed as they wrote lowest speed of or can they use other speeds once in court

3will he loose his licence witch will then mean him losing his job

Thanks

Foxy-Stoat_3

1. Ask the Court, at a guess is because he didn't comply with the original request to send his license with the fine.

2. They will most probably use the evidence they have, ie 90mph, if they have evidence that he was travelling at 110mph then they will use that, although if the letter says 90 then it would be fair to assume that is all the evidence they have.

3. Why would he lose his licence? You can sit on 12 points and very much doubt they will give him more than 6.

brat

Vga1984 wrote: »

Hi not sure if I'm posting in the right place but here it goes

My oh was pulled for driving on a motorway in December the police man pulled him at 90 mph ( he's an idiot I know nothing I haven't told him over and over) so anyways he came away got the fine through the door rang up and paid it but forgot to send his licence. A few weeks ago he got a refund and today he received a court summons. On the summons it states his offence as driving at the lowest point of 90mph. He currently has 6 points on his licence but 3 days before his court day 3 of those points will be 3 years old so still there but not live so on the court date he will have 3 live points. I have 3 main questions

1 why did he get fined and then refunded is it anything to do with him not sending his licence off

Because he hasn't fully complied with the offer of a fixed penalty, he has had his penalty refunded, and will now be fined at court instead.

2 will they use 90mph os the speed as they wrote lowest speed of or can they use other speeds once in court.

The officer's statement will be read in court, or the officer will give evidence in court. The magistrates will sentence accordingly. They can give 3 to 6 points, and could disqualify if there is evidence that he was doing more than 100mph (in a 70mph limit)

3will he loose his licence witch will then mean him losing his job.

It's unlikely under the circumstances, unless there is evidence that he was travelling in excess of 100mph.

brat

Foxy-Stoat wrote: »

3. Why would he lose his licence? You can sit on 12 points and very much doubt they will give him more than 6.

If you get 12 points within 3 years, you can be banned for 6 months under totting up.

sh0597

Won't he get 3 points anyway?

Vga1984

My worry over the speed was that it says traveling at the lowest speed of 90mph but states no other speed but if they got him at more wouldn't it state that it don't say just 90 mph it's says at the slowest 90mph

Vga1984

sh0597 wrote: »

Won't he get 3 points anyway?

He originally was given 3 points and a fine but in court they can give more than 3

nobbysn*ts

Vga1984 wrote: »

My worry over the speed was that it says traveling at the lowest speed of 90mph but states no other speed but if they got him at more wouldn't it state that it don't say just 90 mph it's says at the slowest 90mph

That's because it's a simple statement for the fine he received. If he did vary up, when it goes to court, the statement read out can be more long winded and it can influence the decision.

Vga1984

We have a copy if the full statement from the officer who pulled him over and it says the same thing no other speed mentioned just that at the slowest 90mph and when he got the fine through the post it was for 90mph I'm just hoping that that's all they can use because it's all that's stated

nobbysn*ts

Vga1984 wrote: »

We have a copy if the full statement from the officer who pulled him over and it says the same thing no other speed mentioned just that at the slowest 90mph and when he got the fine through the post it was for 90mph I'm just hoping that that's all they can use because it's all that's stated

If you have the full statement, that's it, he can't change it.