Man with 42 points for driving offences keeps licence

karlie88

http://www.bbc.co.uk/news/uk-england-essex-33378386

Excellent news for serial speeders.

:T

agrinnall

Well, as he hadn't had the nervous breakdown when he committed the offences I think it's his mental state at that time is what should be taken into account. Personally I don't give a toss if he loses his house and job as long as it gets him off the road.

Marktheshark

He just knows how the court works and to avoid the duty solicitor.

tberry6686

He wasn't convicted of speeding though. He was convicted of failing to supply the drivers details. Mandatory 6 points per offence * 7 offences.

There has been a bit of debate on pepipoo and a few other websites as to whether you can be banned for a S172 offence as it is not a driving offence at all but but more of a paperwork offence. Have the courts possibly decided this one way or the other ?

Car_54

tberry6686 wrote: »

He wasn't convicted of speeding though. He was convicted of failing to supply the drivers details. Mandatory 6 points per offence * 7 offences.

There has been a bit of debate on pepipoo and a few other websites as to whether you can be banned for a S172 offence as it is not a driving offence at all but but more of a paperwork offence. Have the courts possibly decided this one way or the other ?

The courts don't need to decide. Schedule 2 of the Road Traffic Offenders Act 1988 allows discretionary disqualification for a single S172 offence, otherwise mandatory points. And points mean .... not prizes, but possibly disqualification for six months under section 35 of the same act under the totting-up regime.

But you're right, he hasn't been found guilty of speeding. He may not even have been driving.

EssexExile

They're a strange lot in Basildon.

AdrianC

Clean licence.
One court hearing.
Seven offences x six points each = 42 points.
One "extreme hardship" defence to one totting-up ban opportunity.
Clearly, a fairly compelling set of extenuating circumstances, with medical etc evidence...

Can't imagine what his insurance is going to be like, though...

Car_54

Darth_Vader wrote: »

Probably not that bad if the toting up kicked in, he's now got a clean licence.

He still has to declare all the convictions. Insurers don't like an MS90, and he has seven of them.

Aretnap

tberry6686 wrote: »

There has been a bit of debate on pepipoo and a few other websites as to whether you can be banned for a S172 offence as it is not a driving offence at all but but more of a paperwork offence. Have the courts possibly decided this one way or the other ?

Nothing for the corts to decide. (1) The law doesn't distinguish between motoring and non-motoring offences, it just prescribes different sentences for different offences (2) the Road Traffic Offenders Act specifically prescribes discretionary disqualification or obligatory endorsement for a s172 offence and (3) in any event you can be disqualified for any offence, from dropping litter to murder, whether or not it involves driving, under the Powers of Criminal Courts (Sentencing) Act 2000.

Anyone who thinks you can't be disqualified for a s172 offence, let alone repeated s172 offences, is just plain wrong, even if he does post his opinion on a website.

robbies_gal

boo hoo he will lose his job i couldnt give a fig i live in basildon and if im anywhere near him god help both of us

AdrianC

Darth_Vader wrote: »

Depends which press report you read. I've just see. One where he plead guilty to 6 excess speed and one red light.

Guilty of failing to provide information, for six speeding and one red light.