Hi all after some advice or to find out what to expect, right here is my story i used to drive sprinters for a living and was a typical white van man would race around all day use my phone while driving which i am now suffering the concequenses i have been done twice for speeding and twice for being on my phone. I got pulled up in scotland for being on my phone got the ticket and whatever, however at the time was having problems at home, my son was ill (the reason why i answered the phone in the first place and was only on the fone for 10 secs to tell my girlfriend i would call her back when i find somewhere to stop as my son was in hospital and she had popped outside for a ■■■ and to phone me to tell me how he was doing) Anyway with everything going on i forgot all bout the ticket until i got a phone call telling me i was being reported to the procurator fiscal. So i got on to my solicotr who put me in touch with a scottish solictor to deal with this (im from birmingham). I am currently unemployed so he told me to pled not guilty to get the case put back and within that time i will be working again as i am doing my training for my class 2 and then class 1. at the time of the offence i had 6 points but i got caught speeding and got another 3 in between this so when it went to court i had 9 points, but 3 are now expired but this was not within 3 years by 7 days. I have been told that i could face a ban because i have nine active points at the time of the offence but that is incorrect as i had 6 points because 3 points for the last speeding fine was given after the date of offence. i know its complicated but i had 6 points at the time of offence then got caught on my phone so that would of been 9 but that is what is be delt with now in court so at this time its only 6, got done for speeding in newcastle but 3 points have expired so im still on 6 so if it is the amount of points at the time of offence i shouldnt be banned im really confused any help would be much appreciated im waiting in a call back from my solicitor but can any one help from here. Im doing my training for my hgv and i dont want to get my licence only to get a ban 2 months later or is it likely that i could keep my licence with 12 points on it
and yes i know i will get you shouldnt be driving trucks anyway with your attitude, i would just like to say i agree i was a danger before and the mess im in now aswell as doing my training has made me take a different look upon road safety and also protecting my licence i have been a complete fool but i realise that and i will be a proffesional in future
Big Brummie Macca:
but that is incorrect as i had 6 points because 3 points for the last speeding fine was given after the date of offence.
I may be wrong but I thought all speeding offences were dated at the time of offence never date of conviction which would mean 9 active points unfortunately.
Blimey Big Brummie Macca - I did the same thing in my younger days - got full 12 points and went to court to plead for my licence not to be banned which was granted - that was back in the 80s though so things may be looked on differently nowadays…
mrpj:
speeding offences were dated at the time of offence never date of conviction
Correct.
3 are now expired
If I have read your post correctly and there is only a 7 day overlap -
As you will have totted up 12 but the time that 12 will have been active on the licence is so short (7 days) I would suspect that a ban will not be forthcoming in your case.
ROG:
As you will have totted up 12 but the time that 12 will have been active on the licence is so short (7 days) I would suspect that a ban will not be forthcoming in your case.
I know it’s only 7 days but do they take this into account? If 12 are accumulated then that would trigger the ban regardless of 3 of them being a week away from expiring.
ROG:
As you will have totted up 12 but the time that 12 will have been active on the licence is so short (7 days) I would suspect that a ban will not be forthcoming in your case.
I know it’s only 7 days but do they take this into account? If 12 are accumulated then that would trigger the ban regardless of 3 of them being a week away from expiring.
It can depends whether or not you go to court or trust a computer at DVLA
25/01/06 sp30 - expires 24/01/09
07/03/07 cu80
19/01/09 cu80
27/01/09 sp30
only 3 days overlap not 7 days
From what I remember - will try and check on it - a court has to inform DVLA of a ban so seeing just a 3 day period where 12 points is present is, IMO, unlikely to persuade a court into giving a ban.
the one on the 19th is what im in court for so they are not yet on my licence can the court take the 27th into account being as at the time of offence i only had 6 points sorry if i didnt explain very well thanks
ROG:
25/01/06 sp30 - expires 24/01/09
07/03/07 cu80
19/01/09 cu80
27/01/09 sp30
only 3 days overlap not 7 days
That clears things up but they don’t actually overlap though: at no point are there 12 ACTIVE points. Given that I can’t see how the court could take the last offence into account as if it (the second CU80) had been paid and endorsed at the time there’d have been no problem.
ROG:
25/01/06 sp30 - expires 24/01/09
07/03/07 cu80
19/01/09 cu80
27/01/09 sp30
only 3 days overlap not 7 days
That clears things up but they don’t actually overlap though: at no point are there 12 ACTIVE points. Given that I can’t see how the court could take the last offence into account as if it (the second CU80) had been paid and endorsed at the time there’d have been no problem.
You are correct - I had a SENIOR MOMENT - again!!
Max 9 points at any one time so no way a ban will be on the cards
thank you very much for the advice im still waiting for my solicator to call me back going to give him a right earfull when he finally does to be honest i thought i was safe but he told me i could face a ban and giving into his superior knowledge i pooed myself but after i looked at dates and your advice i feel safe but at least ive learnt somthing this time no more racing and ive bought bluetooth headset and ive changed my attitude from a white van man to a proffesional driver.
well i have just spoken to my solicator and had a go at him because on his words i have pleaded not guilty to which he replied he hadnt had a proper look at my file before he called me and wanted to give himself a chance to investigate my case just incase of a ban because as you will see above its a complicated set of events lol
well i dont know if its a excuse or wether the company he is working is to blame for just dumping a case on him, anyway after a good chat we have cleared up all matters and guess what we was right so now i have ■■■■■■ the procurator fiscal off by not paying, then pleading guilty only to change my plea to not guilty and now im pleading guilty again so im going to expect a nice big fine but hey at least im not getting banned and live to drive another day.
Im not going to mention the companys name as apart from this confusion they hae been very good and are representing me for a decent price and am going to give them the benfit of the doubt that he was acting in my best interest and wanted to know what he was up again first.
anyway thanks again for the advice and a very expensive lesson will be learnt
Big Brummie Macca:
ive bought bluetooth headset and ive changed my attitude from a white van man to a proffesional driver.
Shame they havn`t give you a ban anyway. This is always next time.
thanks for that mate nice one like i said in my earlier post expected some one to say that bet you never made mistakes when you was younger hey, dont worry will be getting a big fine just thought i give you some consilation lol and i can assure you there wont be a next time driving trucks is the job ive dreamed off ever since i was sat in my dads truck travelling all over europe should of learnt my lesson the 1st time so your entitled to your opinion.
hiya,
Anybody can tot up points for speeding especially when working in unfamiliar area’s, but have’nt one iota of sympathy for anybody using their mobile whilst driving, switch it off or get a good quality hands-free kit, you’ve only got heavybootitis to worry about then.
thanks harry long retired.
Big Brummie Macca:
ive bought bluetooth headset and ive changed my attitude from a white van man to a proffesional driver.
Shame they havn`t give you a ban anyway. This is always next time.
thanks for that mate nice one like i said in my earlier post expected some one to say that bet you never made mistakes when you was younger hey, dont worry will be getting a big fine just thought i give you some consilation lol and i can assure you there wont be a next time driving trucks is the job ive dreamed off ever since i was sat in my dads truck travelling all over europe should of learnt my lesson the 1st time so your entitled to your opinion.
Funny aint it - I was in the same position as you many years ago - well, worse actually, as I had to plead in court when I got the 12 points tot up, I have mentioned this quite a few times on here and yet nobody on this site has had a go at me for it.
I vowed as you have done to change my ways and I did.
My point - why have a go at someone if they publically vow to change their ways for the better ?
Surely it is better to encourage and support them to do so - yes?
some people are just perfect hey rog but experience has taught me that a man that can own up to mistakes and learn from them is a much wiser man than a man that lives in denial.
i would like to add some thing here just a word of caution when you do that you LGV training and pass if you get a pull in a truck for using your phone it could be a 1500 pounds fine and a sit down for tea and biscuits the the Traffic Commissioner and you will not be offer any biscuits all he/she will what form you is your new licence cos there can take off you
well that will be something that wont happen the company that i should be going to work is a proper company not like the idiots i was working for who refused to put hans free kits in vehicles so none off us would answer the work phone and yes i know i shouldnt off answered my personal phone either but i did and will be punished anyway ive got a bluetooth headset the wagons i will hopefully driving are fully equiped am going to stick to all speed limits and even if it does take longer i will be paid by the hour lol and i cant get a bolloxin for being late coz ive stuck to speed limits even though when you think about it it dont make that much of a differnce you just hit the traffic earlier than you would of if you wasnt speeding, trust me i have had a good hard think about my previous actions and i have made a promise to myself never to put myself in this situation risking my licence and when i do pass risking my job and the only way i have got to provide my family with a decent standard of living. Thanks for the tip though mate i didnt realise that they could take your licence off you unless you was totting up still got so much to learn.
- got full 12 points and went to court to plead for my licence not to be banned which was granted - that was back in the 80s though so things may be looked on differently nowadays…
- yes?