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Author Motoring Offense advice...
TOMAS
Member

Registered: 7th Aug 02
Location: Nottinghamshire
User status: Offline
14th Dec 06 at 23:16   View User's Profile U2U Member Reply With Quote

Hi this is for my friend not me (I already have a ban )

She is inside her 1st 2yrs of passing her test, already has 3 pts on license.
She was witnessed by a Police officer in early June 06 at 11am passing down a 300 yard stretch of pedestrianized road (it's through our town centre and is off limits between 7am and 7pm) and was reported.

7 days later Police write and ask who was driving the alleged vehicle during the offense. She wrote back & acknowledged she was driving but requested evidence.

2 weeks ago she received a court summons re the offense together with a witness statement from the Police Officer who saw her. She is summoned to attend magistrates in early Jan 07 but can plead guilty by post.

Firstly is it true that if you get 6pts during your 1st 2 years of driving you get banned? Secondly what are the chances of her getting just a fine and no points? I think she's stupid for writing back and acknowledging who was driving on the day because the Police have no evidence other than a witness statement by one officer, one persons word against another?

Any advice much appreciated - Tom


[Edited on 14-12-2006 by TOMAS]
deano87
Member

Registered: 21st Oct 06
Location: Bedfordshire Drives: Ford Fiesta
User status: Offline
14th Dec 06 at 23:19   View User's Profile U2U Member Reply With Quote

If you look at the speeding theory i.e. if you police officer, on his own, without recording equipment sees and catches you speeding, he can only tell you off, because he has no 'proof' - therefore in theory, they might have another witness.

And yes, I believe 6 points and it's a ban for a new driver. Half the points (12) or a normal driver.
Dean_W
Member

Registered: 13th Dec 05
Location: Downham Market, Norfolk
User status: Offline
14th Dec 06 at 23:25   View User's Profile U2U Member Reply With Quote

With this, i'd think she can't contest it. Why would the copper lie?

She may not get points, she may only get a fine. If she does get another three points however, she will have to re-take her test.
jamesvalver
Member

Registered: 21st Feb 03
Location: Bury St Edmunds, Suffolk
User status: Offline
14th Dec 06 at 23:26   View User's Profile U2U Member Reply With Quote

6 points in the max u can have in the first two years of driving! she would be lucky to just get point and a 6month ban! at worst she would be done for due care and attention or dangerous driving due to it being a pedestrianised road
TOMAS
Member

Registered: 7th Aug 02
Location: Nottinghamshire
User status: Offline
14th Dec 06 at 23:45   View User's Profile U2U Member Reply With Quote

So if she gets 6pts she's banned for 12 months and re-take her test?

Her 1st offense (3pts) was for jumping a red light so cps may look at it as dangerous driving, in which case a ban? Is it min 12 months or could it be less?

Gutted for her cos I was banned a few months back 4 over the pescribed limit of aloc, rec'd 12months ban reduced to 9 with my re-hab course.

Is it worth her pleading with the judge to keep her license because she wouldn't be able to keep same job if she lost it, I know it had ZERO effect in my case but hers is different...
ed
Member

Registered: 10th Sep 03
User status: Offline
14th Dec 06 at 23:47   View User's Profile U2U Member Reply With Quote

Still needs evidence even if it was a copper who saw here, otherwise what grounds is she going to court and what stops coppers making stuff up.
ed
Member

Registered: 10th Sep 03
User status: Offline
14th Dec 06 at 23:49   View User's Profile U2U Member Reply With Quote

Though she wont be banned for 6 points, she will have to just do a re-take.
Colin
Member

Registered: 4th Apr 02
User status: Offline
14th Dec 06 at 23:53   View User's Profile U2U Member Reply With Quote

Without photographic proof I dont see how it can stand in court, unless of course you admit to it.

Feck knows, just deny it by letter & say you were at work or something at 11am on that date.....ask a willing workmate to back this up.

[Edited on 14-12-2006 by Colin]
deano87
Member

Registered: 21st Oct 06
Location: Bedfordshire Drives: Ford Fiesta
User status: Offline
14th Dec 06 at 23:59   View User's Profile U2U Member Reply With Quote

Perverting much Colin.
FlamingCorsa
Member

Registered: 22nd Apr 03
Location: Shropshire
User status: Offline
15th Dec 06 at 01:27   View User's Profile U2U Member Reply With Quote

here is another story for u...............

son of girl i work with was just driving about on mates ped, not insured or passed his test etc...............

off duty police officer goes past and says i will have u for driving that...........

NOT ON DUTY, NO PRODUCER OR ANYTHING OFFICIAL!!!

few months latter gets court summons, gets egerned few times and solicitor says to pleed not guilty cos there were no producer etc etc etc etc

so he does, got 6 points, £200 fine, and banned even tho he is not driving!

all seems bit strange!

[Edited on 15-12-2006 by FlamingCorsa]
FlamingCorsa
Member

Registered: 22nd Apr 03
Location: Shropshire
User status: Offline
15th Dec 06 at 01:29   View User's Profile U2U Member Reply With Quote

and then on the other hand i used to go around everywhere in my corsa blowing 6-7foot flames causing chaos and got 7written complaints in the end when cops stopped me and almost took car away i was nice as pie to them and got taken to cought and just got £93 fine!!!!

SOOOOOOOOO LUCKY, i deserved more
Gary
Premium Member

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Registered: 22nd Nov 06
Location: West Yorkshire
User status: Offline
15th Dec 06 at 06:00   View Garage View User's Profile U2U Member Reply With Quote

quote:
Originally posted by TOMAS
So if she gets 6pts she's banned for 12 months and re-take her test?

Her 1st offense (3pts) was for jumping a red light so cps may look at it as dangerous driving, in which case a ban? Is it min 12 months or could it be less?

Gutted for her cos I was banned a few months back 4 over the pescribed limit of aloc, rec'd 12months ban reduced to 9 with my re-hab course.

Is it worth her pleading with the judge to keep her license because she wouldn't be able to keep same job if she lost it, I know it had ZERO effect in my case but hers is different...


My mates dad had his boss plead with the judge(or whoever) because he needs his licence for work. And he got let off with a fine instead. Someone also told me that if you need your licence fot work you cant loose it, only under extreme circunstancs. Not sure if this is true or not.
Teknologikal
Member

Registered: 11th May 06
Location: Cardiff
User status: Offline
15th Dec 06 at 06:32   View User's Profile U2U Member Reply With Quote

The 2 year 'probationary' period for new drivers is probably a good thing in the long term but still, pain in the arse if you get the 6pts. I still got 6mths left on mine but no pts so far (fingers crossed)

Been driving an 1100 Fezzie but about to get my 1.6 SRi back on the road.....better be a good boy
dannymccann
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Registered: 9th Aug 06
Location: Doddington, Lincolnshire
User status: Offline
15th Dec 06 at 10:13   View User's Profile U2U Member Reply With Quote

thing is its really not that difficult to not get 6pts, or am i wrong? my 2 years will be up in may 07, i havent been pulled over once by a police officer, even when i went through my 'cosmetic modifications' stage.

driving through a pedestrianed area when she knew it was such an area was a bit of a dumbass thing to do really, you may want to warn her of what can happen when she doesnt read signs......
deano87
Member

Registered: 21st Oct 06
Location: Bedfordshire Drives: Ford Fiesta
User status: Offline
15th Dec 06 at 10:18   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by dannymccann
thing is its really not that difficult to not get 6pts, or am i wrong? my 2 years will be up in may 07, i havent been pulled over once by a police officer, even when i went through my 'cosmetic modifications' stage.

I will have had my licence 2 years in March '07 and I haven't got anything on my licence. It's all just about common sense and not taking risks - of course we all drive fast, but just at the right times.
Nick A
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Registered: 28th Nov 04
Location: Hertfordshire
User status: Offline
15th Dec 06 at 11:31   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by FlamingCorsa
and then on the other hand i used to go around everywhere in my corsa blowing 6-7foot flames causing chaos and got 7written complaints in the end when cops stopped me and almost took car away i was nice as pie to them and got taken to cought and just got £93 fine!!!!

SOOOOOOOOO LUCKY, i deserved more


That must of been quality watching that

Lucky though!
Cupra Steve
Banned

Registered: 7th Nov 06
User status: Offline
15th Dec 06 at 11:41   View User's Profile U2U Member Reply With Quote

tbh if she has admitted it's her, how can she then ask them to prove it??? She's just admitted it!!!!!!! Plus you'll lose your license in the first years if you recieve 6 pts, my mate has just lost his, only had it for 3 months!!! Driving his little 1.0 12v he got done for 3 pts for speeding, then another for going through a red light.
deano87
Member

Registered: 21st Oct 06
Location: Bedfordshire Drives: Ford Fiesta
User status: Offline
15th Dec 06 at 11:45   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by Cupra Steve
Driving his little 1.0 12v he got done for 3 pts for speeding, then another for going through a red light.

Cupra Steve
Banned

Registered: 7th Nov 06
User status: Offline
15th Dec 06 at 12:02   View User's Profile U2U Member Reply With Quote

39mph.
Cupra Steve
Banned

Registered: 7th Nov 06
User status: Offline
15th Dec 06 at 12:03   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by deano87
quote:
Originally posted by Cupra Steve
Driving his little 1.0 12v he got done for 3 pts for speeding, then another for going through a red light.




YOU HAVE A 12V!!!!!!!

deano87
Member

Registered: 21st Oct 06
Location: Bedfordshire Drives: Ford Fiesta
User status: Offline
15th Dec 06 at 12:06   View User's Profile U2U Member Reply With Quote

I know - I'm just making the joke about how slow they are and he still managed to speed I find it too easy to speed in a 30 in the 12v. Also, 50 is a horrible speed in them.
Meat-Pie-SRI
Member

Registered: 10th Apr 02
Location: Berkhamsted, Drives Mk4 R32
User status: Offline
15th Dec 06 at 15:42   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by FlamingCorsa
here is another story for u...............

son of girl i work with was just driving about on mates ped, not insured or passed his test etc...............

off duty police officer goes past and says i will have u for driving that...........

NOT ON DUTY, NO PRODUCER OR ANYTHING OFFICIAL!!!

few months latter gets court summons, gets egerned few times and solicitor says to pleed not guilty cos there were no producer etc etc etc etc

so he does, got 6 points, £200 fine, and banned even tho he is not driving!

all seems bit strange!

[Edited on 15-12-2006 by FlamingCorsa]


As long as the NIP is served within the time scale, it will still stand, doesn't need a producer because the police officer (on duty or not) must've known he had no documents to produce!

With the subject of the topic, in this case, the Police officers word will always be better than yours, they have no reason to lie, your friend does! it doesn't take more than 1 officers evidence either.
Colin's idea of lying isn't gonna help. it's attempting to pervert the course of justice, which can only be tried at crown court! not good!

It souns like we'd all be better off without your friend on the roads for a few months anyway! driving through red lights and pedestrianised streets is something only a dumb ass would do! the red traffic lights and big road signs should be clues to her!
mattk
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Registered: 27th Feb 06
Location: St. Helens
User status: Offline
15th Dec 06 at 15:57   View User's Profile U2U Member Reply With Quote

unlucky, unlike me i gt flashed by a red light camera and got away with it . made me total relise how much my license means to me know, shit scared of traffic lights now. Its very easy to get points now though with all the cameras
deano87
Member

Registered: 21st Oct 06
Location: Bedfordshire Drives: Ford Fiesta
User status: Offline
15th Dec 06 at 16:08   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by Meat-Pie-SRIIt souns like we'd all be better off without your friend on the roads for a few months anyway! driving through red lights and pedestrianised streets is something only a dumb ass would do! the red traffic lights and big road signs should be clues to her!
City
Member

Registered: 30th Dec 03
Location: Wakefield Drives: Red GSi
User status: Offline
15th Dec 06 at 16:09   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by ed
Still needs evidence even if it was a copper who saw here, otherwise what grounds is she going to court and what stops coppers making stuff up.


load of bollocks coppers need no evidence, doesnt matter if there is only one of them, you can get done

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