# POssible Driving Ban - How to deal with?



## Ashtray_Girl (Nov 27, 2006)

We have just come back from holiday to x2 speeding fines. My husband already has 2 so this will make it 12 points in total. We are assuming this is automatically a disqualification but would be very grateful of any advice on how to deal with this issue

He needs his car to do his job and possibly if he lost it we would lose our house  . They have all been really low about 36mph, 37mph and the last one 40mph, and all local cameras which is even more frustrating! It's over the last 3 years. Can he appeal with a letter from his employer etc.

Any info on how to tackle this would be appreciated ie do we complete and send back the form, or do we have to instruct a solicitor and let them respond, or do we request a court date on the form and wait to hear. I guess we only get one chance at tackling it and we want to do the best we can to avoid a ban even if he has to pay a hefty fine. 

Oh and no they haven't been all since he got the TT either!


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## Audi_TT_Spares (Feb 6, 2006)

In my experiance, as a police officer, you will struggle to get off the ban. Even if he begs because of the job etc, but it is worth a try.

A key point here, is not to break the law....


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## slg (May 6, 2005)

Can you not take the blame for driving at that time? :roll:


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## Ashtray_Girl (Nov 27, 2006)

Nope because it's a company car and i am not added on the insurance. Can't get me added and then do that as the date that i'd be added on the insurance would be after the fine.

And yes to the above comment he does know it's illegal.


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## YELLOW_TT (Feb 25, 2004)

Ashtray_Girl said:


> Nope because it's a company car and i am not added on the insurance. Can't get me added and then do that as the date that i'd be added on the insurance would be after the fine.
> 
> And yes to the above comment he does know it's illegal.


Do you not have any insurance in your own name that would let you drive another car :idea:


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## Ashtray_Girl (Nov 27, 2006)

no i don't drive! Was planning on learning this year wish i'd learnt last year now but hey...! And no one else can take them for him family-wise due to the company car thing. :?


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## sipajen (Nov 6, 2006)

**POST REMOVED**


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## Toshiba (Jul 8, 2004)

You can claim you was not driving the car and the police will have to 'prove' who the driver was when the car was filmed. If you accept the points, the totting up ban is not always 6 months - it may only be 30days or so.

Speak to your employer and ask for a letter/statement saying he needs his license for his job.

I got 12 points and was banned for 6 months
I also got caught separately at 118 on a motorway and just got 6 points and a massive fine

It just depends on the magistrate, Just say sorry - its all you can do.

What is maddening (for me) is if you was a chav boy racer the police and magistrates would just give you 10mins community service, a voucher for the drugs of your choice and a 4 pack of special brew to drink while you drive home.


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## fastasflip (May 13, 2003)

I have two neighbours who have totted up 12 points, one runs his own car sales business so throught he would plead guilty and plead mitigating circumstances that he employs staff, is a single parent etc and hope for a heavy fine, the stipendery magistrate didn't give a t*ss and banned him for six months and a heavy fine. He now employs a polish driver.

The other neighbour got a six month ban

On a positive note, both have lost weight and look good for it!

There is always lots of talk about how to get off traffic offences but how many people actually do? Certainly with camera evidence rather than the observations of a police officer there is less to question.

I would be tempted to get a good solicitor plead guilty, let him do the mitigating circs speech and hope you get a weak bench of magistrates rather than a stip.

Nick Freeman ( the solicitor to the stars) is back in business after his stint on police bail.......he also does normal people too! Good luck whatever


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## Teehee (May 22, 2005)

Audi_TT_Spares said:


> In my experiance, as a police officer, you will struggle to get off the ban. Even if he begs because of the job etc, but it is worth a try.
> 
> A key point here, is not to break the law....


Leigh, I have sent you a PM but not heard from you since last week. Please can you update me.

Sorry to go OT.

I hope you get things sorted asap :?


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## garyc (May 7, 2002)

Mitigate. Mitigate. Mitigate.

Yours is now a problem of damage limitation. Letters from employers etc.

Minmal 2-4 week ban likely.


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## whirlypig (Feb 20, 2003)

Pretty much as Gary has posted.

He'll have to prove that losing his licence will result in "undue hardship". A letter from an employer that states clearly that losing his licence will result in dismissal, even if it might actually not. He'd also need to emphasize the knock-on impact to family life. It really does depend on the magistrates on the bench at the time but if you can make clear the above then they should have no option to find a case of undue hardship.

In which case they'll either go for a 2-4 week ban or load him up to 11 points and a big fine. The loading up of points is getting more popular as long as the bulk of them will be valid for 3 years, means you'll have to be extra careful for 3 years. If they don't find for "undue hardship" then it's a minimum 6-month ban.

It may be worth talking to a solicitor based close to the magistrates court, he'll know the clerk and magistrates and advise on procedure. Personally I'd save the money on representation to put towards the fine. :wink:


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## TTCool (Feb 7, 2005)

If you say someone else was driving and you get caught out, you will be in serious trouble. Don't try that one.

I was in a similar position some time ago. I went to court with no solicitor and admitted I had done wrong and asked for the court not to ban me for all the obvious genuine reasons. I added that in fact all the burden would fall on my wife and disrupt her busy schedule bringing up a family etc and she didn't deserve any punishment. They didn't ban me.

Mind you, Judy was breast feeding Michael at the back of the court at the time :lol:

Joe


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## Toshiba (Jul 8, 2004)

No right or wrong answer. I know two people (sales reps) who have got more than 12 points. Its not always doom. Agree 'trying' to pervert the course of justice is not a good move and could result in prison. But the police HAVE to prove who was driving the car IF you dont admit it.

Good luck.

O dont take a solicitor to court, its seen as trying to get out of it.


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## Ashtray_Girl (Nov 27, 2006)

Thanks for the comments guys much appreciated. We were wondering that about the solicitor whether they would think oh here we go trying to wriggle off the hook, although we'd hate to not get one and then always wonder what if we had got one...!?

One of his colleagues used some solicitor and got him off as he needed it for his job but they slapped him with about a 5k fine...he was doing 90 mph though


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## kmpowell (May 6, 2002)

http://www.pistonheads.com/gassing/forum.asp?h=0&f=10

What you won't find out by posting on that forum isn't worth knowing.


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## scott28tt (Jul 30, 2002)

Ashtray_Girl said:


> He needs his car to do his job and possibly if he lost it we would lose our house


Am I the only one thinking "with 6 points on his licence and such a large amount at stake maybe he should've been more careful"?

I worked with a guy who totted-up to 13 points and kept his licence - he got a nice big fine though...


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## Ashtray_Girl (Nov 27, 2006)

scott28tt said:


> Ashtray_Girl said:
> 
> 
> > He needs his car to do his job and possibly if he lost it we would lose our house
> ...


Beleive me i have already had this conversation with him!!!


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## foojeek (Nov 22, 2004)

Its very easy to be point smug when you're not in a difficult situation. 
I live in Bournemouth which seems to have way more than its fair share of cameras and belive me its sooo easy to miss them


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## Toshiba (Jul 8, 2004)

I've just looked at the sentencing guidelines for totting up and it a minimum ban of 6 months. You will need to plead your case in court.

Good luck.


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## Dotti (Mar 9, 2003)

Ashtray_Girl said:


> We have just come back from holiday to x2 speeding fines. My husband already has 2 so this will make it 12 points in total. We are assuming this is automatically a disqualification but would be very grateful of any advice on how to deal with this issue
> 
> He needs his car to do his job and possibly if he lost it we would lose our house  . They have all been really low about 36mph, 37mph and the last one 40mph, and all local cameras which is even more frustrating! It's over the last 3 years. Can he appeal with a letter from his employer etc.
> 
> ...


So you think by paying a hefty fine everything will make it alright as long as you get to keep your house for as long as he stays in employment?

Next time your husband speeds it 'might' be a life? Do you really think he will get off lightly once again having got off lightly this time round (which I doubt) if you think by paying a hefty fine or some sort of payment to resolve the fix of his speeding?

I'm suprised no one has slaughted you as yet for posting this thread to be honest considering your upfront honesty of your husband's driving conditions!

I bet the pair of you would expect more than a hefty fine from another driver if either one of you were killed in a driving accident if it was another driver on the road speeding.


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## Audi_TT_Spares (Feb 6, 2006)

Dotti said:


> Ashtray_Girl said:
> 
> 
> > We have just come back from holiday to x2 speeding fines. My husband already has 2 so this will make it 12 points in total. We are assuming this is automatically a disqualification but would be very grateful of any advice on how to deal with this issue
> ...


Well said... :roll:


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## Molehall (Jan 8, 2003)

Audi_TT_Spares said:


> Dotti said:
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> 
> > Ashtray_Girl said:
> ...


Most of the speeding threads on Pistonheads make it quite clear that an Englishman's right to speed is more important than any child's life. There appears to be total denial that speed plays any part in the severity of an accident.

I guess if you're an ambulance guy, police officer or parent of an injured/dead child, you take a different view of speeding to Joe Average.


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## Leg (Jan 11, 2006)

Dont pretend none of you speed, ever. I for one, wont believe you. :roll:

Next you will be able to walk on water.


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## garyc (May 7, 2002)

sentence guidelines for the Beaks:

<<If you acquire 12 points in a 3-year period then you become liable for disqualification under the "totting-up" procedure; this will be a minimum 6-month period. *Disqualification can be avoided if the court can be persuaded that you'll suffer "exceptional hardship*". Please note that losing your job is not necessarily considered to be exceptional hardship!>>

Read or rehearse a well-prepared statement of mitigation in court. You can use a lawyer to prepare this and the costs will not be significant compared to the savings.

It's time to kiss arse.


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## The Silver Surfer (May 14, 2002)

Looks like someones hi-jacked Dotti's Forum account. :roll:


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## Teehee (May 22, 2005)

Leg said:


> Dont pretend none of you speed, ever. I for one, wont believe you. :roll:
> 
> Next you will be able to walk on water.


I for one personally NEVER speed in a thirty and that is simply as a result of the TV adverts showing the stats. What gives me, or any other, the right to treat someone else's life with such disregard just because my car can, or perhaps because I might be ten minutes late to a meeting???

However, I will never tell anyone that I do not travel above 60 or 70 on the open roads, but only as long as the road and weather conditions allow this to be safe.

There are big differences between being perfect, responsible or a danger to others.

Just my opinion and as I said before, I hope you both get things sorted without too much disruption to your personal life - my bigger hope is that Mr Ashtraygirl learns from this experience.


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## Godzilla (Feb 20, 2007)

So are you telling me your speed NEVER drifts to 31 mph in a 30 zone.

How do you know, unless its been calibrated, your speedo in not that accurate?


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## Teehee (May 22, 2005)

Godzilla said:


> So are you telling me your speed NEVER drifts to 31 mph in a 30 zone.
> 
> How do you know, unless its been calibrated, your speedo in not that accurate?


Obviously I am guided by the speedo - what more can I do? :? :roll:

Thats cruise control for you 

Just a question of respect for others. Sure my car will go faster than 30mph but am I so weak that I cannot make it stick to the speed limit?


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## Leg (Jan 11, 2006)

Teehee said:


> Leg said:
> 
> 
> > Dont pretend none of you speed, ever. I for one, wont believe you. :roll:
> ...


Fair point, I am also extremely vigilant with my speed in 30s, for obvious reasons as everyone should be, but in 40s, 50s, Nationals and the Motorway I cant say I stick to the speed limit, I dont, not by a long stretch.

I just think its a bit much to preach to the OP about speeding when we are on a 'performance' car forum, mind you I guess some people buy TTs to 'cruise' but the vast majority on here are unlikely, I'm guessing, to be angels regarding speed limits. Apart from Tej, he drives like a fairy.


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## Teehee (May 22, 2005)

Leg said:


> Teehee said:
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> > Leg said:
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Thats the same as me as to be fair if I hit something at 80mph (which I haven't yet) then I don't think the percentages will be much different from 70mph.

I blame the government - they put the adverts on TV :roll: :lol:


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## Leg (Jan 11, 2006)

Teehee said:


> Leg said:
> 
> 
> > Teehee said:
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Me too, I was happily doing 60 in 30s till those adverts came on, now I dont want to risk damaging the front of my car on a kid. Very selfish of them to run the ad in the first place IMO. Going around ruining everyones fun, bastards.


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## Teehee (May 22, 2005)

:lol: :lol: :lol:

I must be honest, and to admit this sees me loose every ounce of credibility on a public forum, but these type of adverts and programmes really do get to me.

We used to be really bad for recycling for example but watching Planet Earth (the episode where the polar bear swam for three days then curled up and starved to death) has made me become really anal about doing my bit more the environment. We've even got costings for solar panels etc for the house.

When you were a kid TV was fun - fingermouse where have you gone?

When you are an adult you get some twit reading out figures impacting the cost of **** and booze, see how the cuddly animals of this world are snuffing it one by one and learn about people thousands of miles away firing extra large fireworks at each other. Surely this didn't start on my 16th birthday???

And then to cap it off, when three caped crusaders (Hammond, Clarkson and May) decide to take direct action and deal with the doom and gloom of TV, you get some eton ponces come on here and complain that there wasn't a decent review on Top Gear - get a life ffs :roll:


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## Leg (Jan 11, 2006)

Teehee said:


> We used to be really bad for recycling for example but watching Planet Earth (the episode where the polar bear swam for three days then curled up and starved to death) has made me become really anal about doing my bit more the environment. We've even got costings for solar panels etc for the house.


All pointless Im afraid, just stop eating beef, then they need less cows, then there are less cows farting, the main culprit of global warming is reduced, ice doesnt melt, ergo, the Polar Bears survive.

In fact, kill 2 birds with one stone (or one cow with one polar bear). Ship cows to the North Pole regularly, dump em on the ice, sit back and wait for Mr Polar Bear.

Entertainiment, environmentally friendly AND Mr Polar bear gets fed. Smashing!



Teehee said:


> When you are an adult


No idea, I've managed to avoid the affliction so far.


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## Teehee (May 22, 2005)

Leg said:


> Teehee said:
> 
> 
> > We used to be really bad for recycling for example but watching Planet Earth (the episode where the polar bear swam for three days then curled up and starved to death) has made me become really anal about doing my bit more the environment. We've even got costings for solar panels etc for the house.
> ...


BRB - off to get my sea kayak and an extra long tow rope :lol:

Watch me on Sky News - I'll be on by 10am...


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## KammyTT (Jun 28, 2006)

Dotti said:


> Ashtray_Girl said:
> 
> 
> > We have just come back from holiday to x2 speeding fines. My husband already has 2 so this will make it 12 points in total. We are assuming this is automatically a disqualification but would be very grateful of any advice on how to deal with this issue
> ...


dotti i think you have went a bit OTT! he wasnt doing silly speeds and its obvious he just crept over without noticing, we all speed to some extent no matter how good we are at driving or how much you are agianst speeding

just my opinion, im not a racer by any means but i am realistic :wink:


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## Leg (Jan 11, 2006)

Teehee said:


> Leg said:
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> > Teehee said:
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Or if well trained, they will make their own way there...


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## Teehee (May 22, 2005)

You have way too much time on your hands :lol:

I've also packed some carrots and spuds - I hate vegetarians but I don't want to face the wrath of some hormonal vegie polar bear when I'm up there...


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## TTCool (Feb 7, 2005)

Dotti said:


> Ashtray_Girl said:
> 
> 
> > We have just come back from holiday to x2 speeding fines. My husband already has 2 so this will make it 12 points in total. We are assuming this is automatically a disqualification but would be very grateful of any advice on how to deal with this issue
> ...


Come on Dotti, you also speed.


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## Hilly10 (Feb 4, 2004)

You will never get a woman to admit to doing any wrong. She speaks as if she never gone over the speed limit. :evil: :evil:


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## Dr_Parmar (May 10, 2002)

We've all broken the speed limit at least once in our lives!!

As for the ban, seems likely, good luck! Hope he doesnt end up losing job/house over this.


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## ag (Sep 12, 2002)

I think the notion that a blanket 30mph speed limit in urban areas is a naive gesture towards road safety. The reality is that many areas that have 30mph limits are there for the fun of it, simply to join up other urban limits. The affect of having justified and unjustified limits means that people tend to regard them as simply arbitrary and not worth of observation. Speed limits in urban areas should be varied to reflect the real risks involved. That would see some limits reduced to 10mph and 20mph, whilst others would be removed altogether. Proper signalisation and appropriate limits along with more subtle measures, such as block paving, raised areas (not speed ramps) and narrower lanes are all more appropriate and, in my opinion, more effective.

Unfortunately these all cost money and with the objective being to raise cash, not spend it, they will not be used.

If the government really wanted to outlaw speeding it really is very simple. ..Immediate 12 month ban for any exceeding a speed limit by 1mph. Unfortunately the economic implications for the government with 20% fewer people driving aren't sustainable and as cash is more important than lives this current sorry charade will continue.

I don't approve of people speeding in a 30 limit, but nor do I condemn them as pariahs. The majority of people on this forum do it on a daily basis!


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## Toshiba (Jul 8, 2004)

ag said:


> The majority of people on this forum do it on a daily basis!


I speed regularly too.


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## Hilly10 (Feb 4, 2004)

Me to


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## foojeek (Nov 22, 2004)

Its one thing to have a speed limit but what about the type and condition of the vehicle and driver?
I could drive any old heap at 110 (yrs old) so long as we were both road legal.

Just accept the law, take the punishment and stop whining.

Mind you if I were driving an old heap at 110 I would still be safer than half the idiots out there :lol:


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