Quizzes & Puzzles0 min ago
accident
what is the likely punishment for a court summons with two charges a)driving without due care and attention
b)failing to stop after accident
I have 3 points already 2006 for nominal speeding and a possible additional 3 points on the way? Nothing in the post as yet, fingers crossed!
What will I be looking at from a court.I will lose my jobif I am disqualified and I have 2 young children 1 and 4, and a wife to support.
Not to mention severe debts which we are trying to control.
b)failing to stop after accident
I have 3 points already 2006 for nominal speeding and a possible additional 3 points on the way? Nothing in the post as yet, fingers crossed!
What will I be looking at from a court.I will lose my jobif I am disqualified and I have 2 young children 1 and 4, and a wife to support.
Not to mention severe debts which we are trying to control.
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The only thing I'd point out is that those are guidelines for a first time offender pleading not guilty. but the points are a "must endorse".
It'll all rather depend on the circumstances of the exact case but you should expect to pick up 8 points.
That'd be 11 points. You might just keep your license but not if that other 3 points comes through.
The "wife and kids to support - I'll lose my job" angle will almost without a doubt be totally disregarded by the court - they hear that on a daily basis.
The mitigating factors for failing to report are
Believed identity to be known
Failed to stop but reported
Genuine fear of retaliation
Negligible damage
No one at scene but failed to report
Stayed at scene but failed to give/left
before giving full particulars
If any of these apply to your case you should stress these
But even so they don't have much leeway and stressing these is your best chance of keeping it to 8 points rather than getting it down below that.
It'll all rather depend on the circumstances of the exact case but you should expect to pick up 8 points.
That'd be 11 points. You might just keep your license but not if that other 3 points comes through.
The "wife and kids to support - I'll lose my job" angle will almost without a doubt be totally disregarded by the court - they hear that on a daily basis.
The mitigating factors for failing to report are
Believed identity to be known
Failed to stop but reported
Genuine fear of retaliation
Negligible damage
No one at scene but failed to report
Stayed at scene but failed to give/left
before giving full particulars
If any of these apply to your case you should stress these
But even so they don't have much leeway and stressing these is your best chance of keeping it to 8 points rather than getting it down below that.
Fortunately for you jake is not quite correct. You will not be awarded penalty points for both these offences. In general, where a number of motoring offences are charged which arise from the same incident, magistrates impose fines for each offence, but award points or a disqualification only for the most serious.
However, you are sailing very close to the wind. The most serious of your two offences is failing to stop/report which carries a minimum of five points. However, depending on the circumstances of the incident, the Bench may decide that the minimum is insufficient. This is particularly likely if they consider that driving carelessly aggravated the failing to stop.
If you receive any more than five (taking your current total up to nine or more) the pending speeding offence that you mention will take you to at least twelve. This means you will not be eligible for a fixed penalty disposal for that offence but will instead be summonsed. Since the magistrates must award a minimum of three points for the latest speeding offence you will become eligible for a mandatory ban of a minimum of six months under the �totting-up� rule.
You can argue �exceptional hardship� for not being disqualified under this rule, but loss of employment and consequent financial difficulties does not usually succeed. Most Benches take the view that there is nothing exceptional about these circumstances which could apply to almost anybody who needs to drive in order to get to or undertake their work. They usually consider that drivers who face such consequences should be even more careful to avoid committing offences.
However, you are sailing very close to the wind. The most serious of your two offences is failing to stop/report which carries a minimum of five points. However, depending on the circumstances of the incident, the Bench may decide that the minimum is insufficient. This is particularly likely if they consider that driving carelessly aggravated the failing to stop.
If you receive any more than five (taking your current total up to nine or more) the pending speeding offence that you mention will take you to at least twelve. This means you will not be eligible for a fixed penalty disposal for that offence but will instead be summonsed. Since the magistrates must award a minimum of three points for the latest speeding offence you will become eligible for a mandatory ban of a minimum of six months under the �totting-up� rule.
You can argue �exceptional hardship� for not being disqualified under this rule, but loss of employment and consequent financial difficulties does not usually succeed. Most Benches take the view that there is nothing exceptional about these circumstances which could apply to almost anybody who needs to drive in order to get to or undertake their work. They usually consider that drivers who face such consequences should be even more careful to avoid committing offences.
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