Stopped for speeding - help please

RachaelR

Hello. My son passed his test on the 8th March 2013 so has just been driving 2 years. He was stopped for speeding last night and was told by the policeman that his licence said the 16th March and he would be getting banned. He tried to explain that he had passed his test on 8th March but they were adamant he would be getting banned. The policeman then said because he was being cheeky trying to argue about his test date that he would also do him for driving without due care and attention. Can anyone confirm for me that it is actually the date he passed his test not the date of his licence.

sharp910sh

RachaelR wrote: »

Hello. My son passed his test on the 8th March 2013 so has just been driving 2 years. He was stopped for speeding last night and was told by the policeman that his licence said the 16th March and he would be getting banned. He tried to explain that he had passed his test on 8th March but they were adamant he would be getting banned. The policeman then said because he was being cheeky trying to argue about his test date that he would also do him for driving without due care and attention. Can anyone confirm for me that it is actually the date he passed his test not the date of his licence.

How fast was he going?

RachaelR

He said he was just coming round a corner after stopping at lights so was not going very fast. They didn't tell him how fast he was going but he was adamant he was going to get banned. He drives for a living so is now in one hell of a state.

Nodding_Donkey

Has he got any proof that he took his test on the 8th not the 16th?

RachaelR

Yes he has his certificate for passing his test.

Nodding_Donkey

RachaelR wrote: »

He said he was just coming round a corner after stopping at lights so was not going very fast. They didn't tell him how fast he was going but he was adamant he was going to get banned. He drives for a living so is now in one hell of a state.

They would have told him the alleged speed or what offence they were reporting for. This is beginning to sound like they just wanted to scare him into slowing down.

RachaelR

They definitely never gave him the speed but said because he was cheeky (which he maintains he wasn't) that he would be doing him for driving without due care and attention.

Car_54

The policeman was wrong on two counts.

1. It's the date he passed the test that counts. See http://www.legislation.gov.uk/ukpga/1995/13/section/1

2. Even if it wasn't, he wouldn't be banned. His licence would be revoked, which is very different.

RachaelR

So what is likely to happen next and how long will it take. He definitely has been driving for more than 2 years but is now worried that if he does say he was driving without due care and attention he will lose his licence anyway. Is this likely.

Joe_Horner

The two years starts from the date of test pass, not the date the license is issued:

http://www.legislation.gov.uk/ukpga/1995/13/section/1

But a single speeding offence "at low speed" as has been described wouldn't be enough to lose his licence anyway. You lose it if you get six points, and a normal speeding offence is only three points.

So I assume he must already have got points or had some from before he passed his test?

bod1467

If he was stopped then he should have been given some paperwork - what does that say?