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FightBack Forums > Queries > Speeding and other Criminal Offences
Topazo2019
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - September 2018
Date of the NIP: - 3 days after the offence
Date you received the NIP: - 4 days after the offence
Location of offence (exact location as it appears on the NIP: important): - Rochester
Was the NIP addressed to you? - Yes
Was the NIP sent by first class post, second class or recorded delivery? - First
If your are not the Registered Keeper, what is your relationship to the vehicle? -
How many current points do you have? - 3
Provide a description of events (if you know what happened) telling us as much about the incident as possible - some things that may seem trivial to you may be important, so don't leave anything out. Please do not post personal details for obvious reasons - Please Help! I have an SJPN for doing 96mi in a 70mi dual carriageway. I own to this mad act. But help me mitigate this

1. I have 3points on a my license for an offence in sept 2016 ps: I was using an international licence but had passed written DVLA exam. I was not offered a speed awareness course. Got my UK licence in Feb 2017.


2. I have accepted and pleaded I was the driver and now have an SJPN dated 27/02/2019 asking me to plead guilty or not online or by post.

3. What can I do to mitigate punishment?I am a doctor and was rushing to work after attending my ill son on the ill-fated sunday morning(not an excuse, just for advice).


4. My car is crucial to my job as I have to do home visits as a GP trainee. Also I am trying to avoid any criminal conviction of any sort.


5. Will my cause be helped any further by seeking professional advice?


Thanking you so much in advance for your wonderful advices!


NIP Wizard Responses
These were the responses used by the Wizard to arrive at its recommendation:
Have you received a NIP? - Yes
Are you the Registered Keeper of the vehicle concerned (is your name and address on the V5/V5C)? - Yes
Did the first NIP arrive within 14 days? - Yes
Although you are the Registered Keeper, were you also the keeper of the vehicle concerned (the person normally responsible for it) at the time of the alleged offence? - Yes
Were you driving? - Yes
Which country did the alleged offence take place in? - England

NIP Wizard Recommendation
Based on these responses the Wizard suggested that this course of action should be considered:
  • The law requires you to provide the information requested in the Section 172 notice within the 28 day period, naming yourself as the driver. If you are considering obtaining formal legal advice, do so before returning the notice.

    You should note that there is nothing to be gained by responding any earlier than you have to at any stage of the process. You are likely to receive a Conditional Offer of a Fixed Penalty (COFP) and further reminder(s). If you want to continue the fight, you should ignore all correspondence from the police until you receive a summons. You need to understand from the outset that while you will receive much help and support from members on the forums, you will need to put time and effort into fighting your case and ultimately be prepared to stand up in court to defend yourself.

Generated by the PePiPoo NIP Wizard v3.3.2: Sun, 03 Mar 2019 23:44:51 +0000
cp8759
QUOTE (Topazo2019 @ Sun, 3 Mar 2019 - 23:44) *
4. My car is crucial to my job as I have to do home visits as a GP trainee. Also I am trying to avoid any criminal conviction of any sort.

Well it's a bit late for that, as you accept you were speeding it's unlikely you'll have any viable defence. To be honest for this sort of offence the courts tend to stick to the guidelines so nothing you say will make much difference. The likely outcome is a fine of 100% of your weekly after-tax income, and 4 to 6 points.
Logician
We need to know in what country you first passed a driving test, and when you did so.
Topazo2019
QUOTE (cp8759 @ Sun, 3 Mar 2019 - 23:55) *
QUOTE (Topazo2019 @ Sun, 3 Mar 2019 - 23:44) *
4. My car is crucial to my job as I have to do home visits as a GP trainee. Also I am trying to avoid any criminal conviction of any sort.

Well it's a bit late for that, as you accept you were speeding it's unlikely you'll have any viable defence. To be honest for this sort of offence the courts tend to stick to the guidelines so nothing you say will make much difference. The likely outcome is a fine of 100% of your weekly after-tax income, and 4 to 6 points.


Thanks for this. Already having the premonition that i might loose my licence.

QUOTE (Logician @ Mon, 4 Mar 2019 - 00:01) *
We need to know in what country you first passed a driving test, and when you did so.

Nigeria, About 2012. Does that help?
Logician
If you had passed your test in the European Economic Area more than three years ago you would not be a new driver in UK law, but that does not apply, so you are and if you get 6 points or more in the first two years after passing the UK test your licence will be revoked automatically.

You got 3 points before passing your test, but they do not count for this purpose, so it becomes crucial whether you get 5 or 6 points for this offence. As the range is 4 to 6 points for the band 91 to 100, there seems a fair chance you would get 5 points anyway. I think explaining that your licence is essential to your job as a trainee GP will help. While the earlier 3 points will not count, it may give the court the idea that you are something of a speeder. You need to address this, saying something like it has been a wake-up call to you about your driving to realise how perilously close you are to having your licence revoked, and you will be certainly be driving much more carefully in the future. If you do get 5 points, you need to be particularly careful for the remainder of your probationary period, another speeding offence, jumping a red light or using a mobile, in fact any other offence at all will tip you over the 6 points.
southpaw82
QUOTE (Logician @ Wed, 6 Mar 2019 - 21:09) *
If you had passed your test in the European Economic Area more than three years ago you would not be a new driver in UK law, but that does not apply, so you are and if you get 6 points or more in the first two years after passing the UK test your licence will be revoked automatically.

You got 3 points before passing your test, but they do not count for this purpose, so it becomes crucial whether you get 5 or 6 points for this offence. As the range is 4 to 6 points for the band 91 to 100, there seems a fair chance you would get 5 points anyway. I think explaining that your licence is essential to your job as a trainee GP will help. While the earlier 3 points will not count, it may give the court the idea that you are something of a speeder. You need to address this, saying something like it has been a wake-up call to you about your driving to realise how perilously close you are to having your licence revoked, and you will be certainly be driving much more carefully in the future. If you do get 5 points, you need to be particularly careful for the remainder of your probationary period, another speeding offence, jumping a red light or using a mobile, in fact any other offence at all will tip you over the 6 points.

If he has 3 point accumulated at any time and accumulates 6 or more points, including those points, during his probationary period he is liable to revocation. I don't think all 6 points have to be accumulated after he passed his UK test, do they?
Slapdash
Points accumulated on a provisional count towards it. It seems likely that points accumulated on a ghost licence would also do so since they appear to be included on the new UK licence.
directorgetfined
Good luck mate...always difficult
The Rookie
It’s getting to six points after acquiring a full licence, so yes the first three points will count and yes any endorsement for this will see the licence revoked.

The good news is there is no disqualification and you’ll be able to apply for a new provisional and tests immediately after.
Logician
QUOTE (southpaw82 @ Wed, 6 Mar 2019 - 21:13) *
QUOTE (Logician @ Wed, 6 Mar 2019 - 21:09) *
If you had passed your test in the European Economic Area more than three years ago you would not be a new driver in UK law, but that does not apply, so you are and if you get 6 points or more in the first two years after passing the UK test your licence will be revoked automatically. You got 3 points before passing your test, but they do not count for this purpose, so it becomes crucial whether you get 5 or 6 points for this offence. As the range is 4 to 6 points for the band 91 to 100, there seems a fair chance you would get 5 points anyway. I think explaining that your licence is essential to your job as a trainee GP will help. While the earlier 3 points will not count, it may give the court the idea that you are something of a speeder. You need to address this, saying something like it has been a wake-up call to you about your driving to realise how perilously close you are to having your licence revoked, and you will be certainly be driving much more carefully in the future. If you do get 5 points, you need to be particularly careful for the remainder of your probationary period, another speeding offence, jumping a red light or using a mobile, in fact any other offence at all will tip you over the 6 points.
If he has 3 point accumulated at any time and accumulates 6 or more points, including those points, during his probationary period he is liable to revocation. I don't think all 6 points have to be accumulated after he passed his UK test, do they?


No, they don't, I was getting confused with the situation where 6 points are accumulated before passing the test. Apologies to Topazo2019 for misleading you and giving you false hope.

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