Points to my online licence
Comments
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If anyone is interested, they have again adjourned the case another month and have requested his attendance. I think this is because previously and very recently we have proved extreme hardship.
They are requesting his attendance because they will be reading him the riot act, prior to handing him a totting ban.Luckily I have one day annual leave left to get him there as I don’t think he’d be getting home on his own !0 -
Yeah you really shouldn't need to burn a days annual leave to prevent him getting a bus back home - or are you going to be spending his entire ban driving him around?0
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AFAIK, you cannot select whether to attend or not, you have to attend court if you face disqualification, so the court can consider your case.
If they do decided to disqualify you, then it is from that instant, and you can't even drive home.
Looking at cases on pepipoo, the courts have started sending out notices of disqualification.0 -
But according to a lot of people on here, speed doesn't kill...
It doesn't.It doesn't, per se ... inappropriate speed can kill.
It's an important distinction, and not a hard concept to grasp.If someone is nice to you but rude to the waiter, they are not a nice person.0 -
Next time he's caught (because lets face it, on 15 points he's not going to learn),
As far as disqualification in absence goes, the Sentencing Council’s guidance on the matter says this:
When considering disqualification in absence the starting point should be that disqualification in absence should be imposed if there is no reason to believe the defendant is not aware of the proceedings, and after the statutory notice has been served pursuant to section 11(4) of the Magistrates’ Courts Act 1980 where appropriate. Disqualification should not be imposed in absence where there is evidence that the defendant has an acceptable reason for not attending or where there are reasons to believe it would be contrary to the interests of justice to do so.
In practice this means that the court must be satisfied that the defendant has been made aware of the proceedings, that he faces the possibility of disqualification and the court has not been made aware of any reason why he should not attend. If they are satisfied on those counts then they can disqualify him in his absence. Usually what happens is defendants are not routinely warned (from the outset) that they may be disqualified so an adjournment is necessary to allow for a notice with such a warning to be sent.0 -
TooManyPoints wrote: »He won’t be on 15 points. When disqualified under “totting up” the driver's points tally reverts to zero.
I think it was more "poetic licence" ... OP's partner is already on 12 points but got a reprieve from disqualification last time; this latest incident would effectively give him 15 points.0 -
TooManyPoints wrote: »He won’t be on 15 points. When disqualified under “totting up” the driver's points tally reverts to zero.
As far as disqualification in absence goes, the Sentencing Council’s guidance on the matter says this:
When considering disqualification in absence the starting point should be that disqualification in absence should be imposed if there is no reason to believe the defendant is not aware of the proceedings, and after the statutory notice has been served pursuant to section 11(4) of the Magistrates’ Courts Act 1980 where appropriate. Disqualification should not be imposed in absence where there is evidence that the defendant has an acceptable reason for not attending or where there are reasons to believe it would be contrary to the interests of justice to do so.
In practice this means that the court must be satisfied that the defendant has been made aware of the proceedings, that he faces the possibility of disqualification and the court has not been made aware of any reason why he should not attend. If they are satisfied on those counts then they can disqualify him in his absence. Usually what happens is defendants are not routinely warned (from the outset) that they may be disqualified so an adjournment is necessary to allow for a notice with such a warning to be sent.
He's on twelve and due another three, that makes 15 and therefore he'll be disqualified from holding or obtaining a licence.
When his ban is up he'll be able to drive/reapply for a licence, which will have zero points for totting purposes. He will however still have the TT99 conviction code for the next four years.0 -
Indeed. But it's easier to enforce an arbitrary speed limit using machines ... anything else requires someone with judgment - and that means paying for someone.
IIRC, only about 1 in 7 of accidents is caused by excessive speed. The vast majority are because of 'failure to look', but of course the cure for that is better training, which costs money, etc etc.If someone is nice to you but rude to the waiter, they are not a nice person.0 -
TooManyPoints wrote: »He won’t be on 15 points. When disqualified under “totting up” the driver's points tally reverts to zero.
What I mean is he'll have accumulated 15 points before the ban, which likely means 5 different 3 point offenses which haven't dropped off yet (so in the last 3 years).0
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