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FightBack Forums > Queries > Speeding and other Criminal Offences
CC1
Good day to you all, I have recently been banned for 28 days due to a speeding offence that came with a fine and six penalty points. Having spoken to a friend who also received a ban a few years ago for a similar offence he was sure that the offencding party receives either a ban or points but not both. I have yet to receive any paperwork from the court or points on my license so it has me wandering if it was an error from the magistrate. Please let me know either way, I imagine the magistrate was correct but wanted to double check. Cheers.
The Rookie
Ban or points, not both. (The 'slight' exception is totting up where you get points for the offence and then the ban, usually six months, for totting to 12 points but strictly isn't for that single offence).

What makes you think you got 6 points as well? Is it possible you were confused by whatever the magistrates said when they explained why you got the ban instead of points?
Jlc
If you have received a ban then presumably you attended court?

(Speeding offences don't strictly come with points or bans decided - there's guidance which makes a ban more likely than points at certain excesses)
CC1
Attended court and think it may have been a case of me mishearing 'ban and six points' instead of 'ban rather than six points' hence why my friend flagged it up as being a bit strange. The magistrate also remarked that I would need to reapply for my license via the DVLA but having researched online it appears that is only the case over 56 days. I'll wait and see what I get in the post and check the details of my license online one it all goes through.
peterguk
QUOTE (CC1 @ Tue, 2 May 2017 - 14:23) *
I'll wait and see what I get in the post


Or phone the court and clarify?
NewJudge
If the magistrate (or District Judge) did his job correctly you would have been under no misunderstanding had you been banned. You should have been warned (as a minimum) that the ban begins immediately and you must not drive until your ban is up. A ban of under 56 days does not cancel the licence. It remains suspended for the period of the ban but the driver can resume using it when the ban expires. I am somewhat surprised that you left court not being absolutely clear what penalty had been imposed.
Lodesman
Could the misunderstanding have been the result of points already on the licence remaining on the licence after the period of (less than 56 days) disqualification ?
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