News0 min ago
will i get my licence provoked
hi, i was driving on a 50 mph duel carraige way and was caught speeding at 80mph by traffic police.
i have no points on my licence, but have only held it for 6 months.
they confiscated my licence, and im due in court.
will i get a ban, points, fine or what? im worried i will loose my licence.
thanks for your help.
i have no points on my licence, but have only held it for 6 months.
they confiscated my licence, and im due in court.
will i get a ban, points, fine or what? im worried i will loose my licence.
thanks for your help.
Answers
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Magistrates� sentencing guidelines for speeds of 80 mph in a 50 mph zone suggest either a disqualification of up to 56 days or six penalty points.
You should hope that they impose a ban. This is because the new drivers� revocation rules (6 points within two years of passing your first test) do not, strangely, apply to drivers who receive a disqualification.
So if you are banned you will not revert to provisional status and can resume driving as a full licence holder at the end of your disqualification period.
You should hope that they impose a ban. This is because the new drivers� revocation rules (6 points within two years of passing your first test) do not, strangely, apply to drivers who receive a disqualification.
So if you are banned you will not revert to provisional status and can resume driving as a full licence holder at the end of your disqualification period.
And despite what cakeboy says there will be no judge involved (unless it is a District Judge sittting in place of the magistrates) and their mood will not be an issue.
Magistrates have guidelines which they are now legally obliged to follow and must state their reasons in open court for any departure from them
Being in a good or bad mood would not constitute such a reason.
Magistrates have guidelines which they are now legally obliged to follow and must state their reasons in open court for any departure from them
Being in a good or bad mood would not constitute such a reason.
I have very little idea as to how the law works in this case but surely if the police have confiscated your license you are effectively banned from driving until your court case? If this is the case I hope that you are aware of this and have stopped driving at least until you get this clarified. I can't see your insurance being valid if your driving without a license? 30 mph over the speed limit you don't deserve to be driving anyway, especially with your obvious lack of experience!
You could try for the "road awareness test" option - this way it shows you are willing to improve your driving ability and awareness of surroundings. It will not prevent the fine though it does preclude you from getting points on your licence. I am afraid you will not be shown leniency for 30mph over the limit - 80mph in a 50 is a no no so the fine may be quite steep even for first offence.
The �road awareness� scheme (or similar) is unlikely to be offered in ..AJ�s case. The speed is excessive.
I do not know why his licence has been confiscated. Generally the police have no powers to do this unless they suspect it is stolen or has been gained by some sort of dishonesty.
Because he is not in possession of his licence does not mean he is disqualified from driving (any more than mislaying one�s licence does). The two things are quite different. The police have no powers to award a disqualification. Only a court can do this. Whilst the police hold his licence ..AJ is still entitled to drive in accordance with its conditions.
I do not know why his licence has been confiscated. Generally the police have no powers to do this unless they suspect it is stolen or has been gained by some sort of dishonesty.
Because he is not in possession of his licence does not mean he is disqualified from driving (any more than mislaying one�s licence does). The two things are quite different. The police have no powers to award a disqualification. Only a court can do this. Whilst the police hold his licence ..AJ is still entitled to drive in accordance with its conditions.
AJ, If they have taken your license from you at the roadside, then you shouldn't be driving now. that's the reason why speeders never carry their license! In any event, it's maximum £1000 fine, discretionary disqualification and 3-6 points. 3 points if they would have issued a fixed penalty. You could use exceptional hardship as a tool to beg the court not to ban you, they do have the power to allow you to still drive with 6 points, but obviously then you wouldn't be allowed any more for the next 18 months.
You really should slow down and if you must speed, do it safely and not in restricted zones (30/40/50/60 limits) where you are much more likely to injure or kill someone - or yourself. Have you thought about a Pass Plus course? you can sit it now, and it may show you in a better light to the court! Obviously, it'd make you a safer driver too!
You really should slow down and if you must speed, do it safely and not in restricted zones (30/40/50/60 limits) where you are much more likely to injure or kill someone - or yourself. Have you thought about a Pass Plus course? you can sit it now, and it may show you in a better light to the court! Obviously, it'd make you a safer driver too!
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