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benmcq
Hi,

I got caught doing 52mph on the a690 Sunderland, nearing towards Sunderland city center in a 30mph zone. The road stretch of road I was caught on (by parked camera van) had two lanes and no traffic in the opposite direction. I received a NIP around the 13th of April this year, I replied straight away, accepting that I was in the driver, around a week or two later I received a letter to say that due to the speed required I couldn't be given a fixed penalty, and that the matter would have to be dealt with in court.

Fast forward 5 month and 2 weeks, I still haven't received a letter with a court date or any more information. After doing a lot of reading it seems the police have 6 month to provide some sort of evidence to the court, and my letter should follow after that.

My first question is what are the chances that I will simply not receive this letter, given the fact its almost 6 month since I've heard anything.

My second question is, what are the chance I will receive 6 points? I passed my test May 19 2015, and so if I am giving 6 points I will loose my license and have to re-take theory and practical exams.

Thanks for any advice/insight etc. this is my first post and I know very little about how all of this works, so sorry for possibly seeming stupid.
Ben
peterguk
They have 6 months to start proceedings. It is not unusual for this to be done right on the limit and you receive a summions a few eeeks outside of the 6 month period.

Jlc
As you're probably aware the system of streetlighting makes it a restricted road with a 30mph limit as it's not posted to the contrary.

Anyway, it's unlikely they'll 'forget' about it and you will probably receive your summons/requisition shortly.

Unfortunately, 6 points is likely which will invoke revocation. A short ban could be given but there's specific advice for the Magistrate's not to circumvent the New Drivers Act.
benmcq
Is it worth seeking legal help to try and get it down to 3 points. Also how much will the court take into consideration my circumstances, for example travel to and from work as well as other things like picking kids up from school etc.

I've seen a few examples of early guilty pleas that sometimes result in lower punishments, would it be a appropriate to mention such things in there?
peterguk
QUOTE (benmcq @ Tue, 27 Sep 2016 - 11:43) *
Is it worth seeking legal help to try and get it down to 3 points. Also how much will the court take into consideration my circumstances, for example travel to and from work as well as other things like picking kids up from school etc.

I've seen a few examples of early guilty pleas that sometimes result in lower punishments, would it be a appropriate to mention such things in there?


It's never going to be 3 points. Ever.

Not usually much point in paying for legal repesentation with a guilty plea.

Your circumstanceswill be of little importance. The court will impose a sentence according to laid down guidelines. DVLA will then revoke if you are given 6 points.

You should turn up at court and present your circumstances yourself if you want to maximise the chances of the best outcome.
benmcq
So the general consensus is to take the 6 points?

Will I then loose no claims bonus and have to say I have only held my license for under a year when I get my new one?
The Rookie
As above, I doubt legal representation will be of any help.

Your best bet is to turn up dressed smart, show you are taking the matter seriously (visibly 'bricking it' is not a bad thing, neither is being nervous), you can point out that 6 points will leave your licence being revoked and humbly request they consider whether 5 points is a suitable punishment.

They may well take the view that your driving is exactly what the new drivers act is designed to address of course and give you 6 points anyway.
benmcq
QUOTE (The Rookie @ Tue, 27 Sep 2016 - 11:58) *
They may well take the view that your driving is exactly what the new drivers act is designed to address of course and give you 6 points anyway.


This seems like the most likely case.

Oh well, seems like its time to put the fiesta ST up for sale.

If I then retake my test, will I essentially be receiving a 'clean' license? taking me back to square one.
Jlc
We have seen some 'wacky' results before, e.g. short ban / 5 points, but these are definitely an exception.

Technically, the DVLA revoke your licence and not the court. So you keep driving until the DVLA notify you. However, the court will be fully aware of the situation and you could perhaps influence them. They don't have to take into consideration your travel requirements but it may help if you are truly remorseful/genuine etc.

50 is the usual point for a court summons, a lower speed would be a 3 point fixed penalty. A few mph can make quite a difference!

Some may swear by legal representation but it's usually best to save the cash (they will need paying regardless of the result) for the re-test etc.

You won't lose no claims and you will have held your licence from the the day you originally passed. However, the insurer may ask about a revocation and may load/refuse insurance accordingly - check when you need to advise them of endorsements (some are immediate, most at renewal). You won't have a clean licence and if you hit 12 points you'll tot for a 6 months ban. (Although you can make an exceptional hardship plea to possibly reduce that)
benmcq
Yeah I was really disappointed when I read that 50 is 'cut off point' however at the end of the day I was in the wrong regardless.

So bad points, I'm getting 6 points and around £300 fine?

Good points (mostly for insurance prices, considering I pay £215 a month at the moment), I can still say I've held my license for over a year, and will still have a years no claims, and possibly wont have to declare the 6 points till next year.

Does that seem correct?

Thanks a lot everyone, you guys have really helped clear lots up. It's very difficult to piece together information on this subject as I've struggled to find a lot of information about the new drivers act (could by my poor googling skills)
nosferatu1001
Again- you will LIKELY get 6 points. However turn up oin the day, dressed smartly, bricking it and you never know
The Rookie
My youngest daughter has an ST, very easy to get yourself into trouble in I'm afraid to say (hers has the Mountune stage1 with intake and exhaust as well).
nosferatu1001
Yeah, its a lovely car, and far too lively for its size smile.gif

She has the stage 1 as well? Yikes, nice upgrade smile.gif
benmcq
I waited to start upgrading mine in case I have to get rid, but it looks like I wont have to tell my insurance company about the points till renewal, so hopefully the insurance wont be too bad, since ill have 2 years with a license, 2 years no claims and I'll be 20 by then
Jlc
Check your specific insurance terms on notification requirements!
peterguk
QUOTE (benmcq @ Tue, 27 Sep 2016 - 12:14) *
I can still say I've held my license for over a year, and will still have a years no claims, and possibly wont have to declare the 6 points till next year.

Does that seem correct?


IMHO, you should inform your insurance co. immediately your DL has been revoked, as without a DL, your insurance will most likely not be valid either.
nosferatu1001
Just check your policy VERY carefully. Wording is key there smile.gif
benmcq
I'm insured with diamond, if anyone has any knowledge of them. I've only found a few snippets of information at the moment but will keep reading.
peterguk
QUOTE (benmcq @ Tue, 27 Sep 2016 - 15:47) *
I'm insured with diamond, if anyone has any knowledge of them. I've only found a few snippets of information at the moment but will keep reading.


Part of Admiral Group

Tell us IMMEDIATELY if...
Your driving licence status changes - You'd obviously need to let us know if you or any named drivers have had your licence revoked, suspended or if you've been banned from driving.

http://www.admiral.com/magazine/guides/mot...our-car-insurer
benmcq
This has confused me slightly, if I loose my license then I have to declare but not tell them about any motoring convictions?

Tell us at RENEWAL about...
Any motoring convictions - that's right, if you or any of your named drivers receive any fixed penalties, motoring convictions or disqualifications during your policy term you will need to let us know when you renew.
nosferatu1001
Telling them about having your licence revoked does require disclosing convictions, because obviously theyu will ask "why" it was revoked.
peterguk
QUOTE (benmcq @ Tue, 27 Sep 2016 - 15:53) *
This has confused me slightly, if I loose my license then I have to declare but not tell them about any motoring convictions?


Not confusing at all. They clearly want to know immediately if your DL status changes.
benmcq
Yeah I get that, pretty obvious that its "immediate".

Am I required to disclose my motoring conviction mid term, as they clearly say its not required to disclose it until my renewal date.
peterguk
QUOTE (benmcq @ Tue, 27 Sep 2016 - 16:02) *
Yeah I get that, pretty obvious that its "immediate".

Am I required to disclose my motoring conviction mid term, as they clearly say its not required to disclose it until my renewal date.


They'll most likely want to know why your DL has been revoked. That's when you'll tell them of the conviction. I doubt they'll accept "i'm not telling you til the end of the year".
nosferatu1001
QUOTE (benmcq @ Tue, 27 Sep 2016 - 16:02) *
Yeah I get that, pretty obvious that its "immediate".

Am I required to disclose my motoring conviction mid term, as they clearly say its not required to disclose it until my renewal date.


You have to answer truthfully the questions they ask you. So when they ask WHY your DL was revoked, what answer will yo uhave to give?

"I dont know" or "I dont have to tell you" isnt likely to help you.
benmcq
So, 6 month and 3 weeks later I have received a letter with my court date.
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