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ExtreamChaozz
Hi all

I was caught going 51mph in a 30mph zone and i have acknowledged that this is fact and theres no way of getting out of it, so i know im going to have to pay the fine. But what i really wanted to know is if theres a way to aviod the ban. This is my first offence and was caught going down the Old Shoreham Road in Hove, i had driven past the same place many times before on my way to and from work sometimes going over the speed limit a little around 40mph and i have never been flashed before. I was in a rush to get back home as it was nearly 5am and i had just finished work, this rush was because i had to get up around 10am so i wanted to get as much sleep as i could, but this is hardly an excuse.

Im still classed as a new driver as i have only been driving for a year and 6 months so i only have 6 points on my licence. But this has me extremely nervous and scared especially the part where i will probably have to attend a court meeting about it and probably loose my licence. I heard that you can suggest a drivers awearness course if its your first offence instead of getting a ban and have to redo my licence. What do you think my chances are at not loosing my licence? probably slim i know but i would like all the help and advice i can get right now.

Thanks for any help and advice provided.
Jlc
That excess is odds-on for 6 points. As a new driver your licence will be revoked - this is an administrative process the court does not become involved in. The DVLA will tell you upon being notified of the points.

There is specific sentencing guidance to not avoid the New Drivers Act by using short bans. Anyway, the initial plea will be a postal one and you may not have to go to court. Alternatively, you can opt for court to try and convince them to issue a short ban or 5 points but that's an uphill struggle.

Upon having your licence revoked you can regain it by sitting another test - you may not be out of action for too long but insurance may be an issue.
Redivi
That speed is well above the level to be eligible for a course

According to the Magistrates Guidelines, the penalty is 6 points or 7-56 days disqualification
You can ask for the disqualification but they're not supposed to award short bans as an alternative when the points will revoke the licence under the new drivers legislation
ExtreamChaozz
Thank you for the quick reply Jlc.

That relieves some stress for me as i was fairly worried about having to go through a court hearing or something. Will i have to go through the 56 day probabtion periord where i cant apply for my provisional untill its over? also by how much do you think it could effect my insurance? as insurance is'nt cheap for new drivers. Looking at the cost of all this would it be more benificial for me to hire a solicitor and try to get my points down to 5 like you suggest and pay the fine instead of having to redo my licence.

Thanks for your quick replay as well Redivi.

Yeah it was a long shot but i thought i would ask anyway as its my first time and im not to familar with the proceedings.
southpaw82
What 56 day period?
BaggieBoy
That excess is 6 points or a short ban, very unlikely a solicitor will be able to get it reduced to 5 points. Save your money for the fine.

Once revoked you can apply for a new provisional licence and book a test immediately.
Redivi
My understanding is that you can apply for your provisional and start the testing procedure immediately after the licence is revoked

I think there's a website where you can check waiting lists by test area

You would probably do better to put the money for a solicitor to one side to pay for public transport
NewJudge
Don't know where you got the idea of a 56 day probation period. As soon as your licence is revoked you can apply for a new one and as soon as you have it you can drive (with 'L' plates and a supervising driver) and book your test (both parts). Your speed is well into six point territory and you are unlikely to see less than that imposed even with a solicitor. Any solicitor that tells you they can see a reduced penalty is being a bit disingenuous. As explained, a ban instead of points is equally unlikely. Save your money for your fine, new licence and test fees.
ExtreamChaozz
I read somewhere that after getting your licence taken away you might have to wait anywhere from a few days up to 2 months before you can retake your drivers test again. Am i assuming this is wrong?
southpaw82
QUOTE (ExtreamChaozz @ Wed, 7 Aug 2019 - 20:14) *
I read somewhere that after getting your licence taken away you might have to wait anywhere from a few days up to 2 months before you can retake your drivers test again. Am i assuming this is wrong?

Don’t you think that will depend on how quickly the test centre can book you in?
ExtreamChaozz
Well yes there is that factor, but i meant it in a way where you physically not allowed to apply for a new drivers licence untill that period is over. But by see the replys here im going to asuming thats not the case and i can apply straight away. Also quick question im planning to go on holiday end of next week for 10 days and will be needing my car, is it possible to postpone my license revokement by posting my NIP when i get back? as it will still be under the 28 days i've been given? or will that not work.
southpaw82
Your licence won’t be getting revoked until you’re given six points at court. That won’t be happening next week.
Redivi
Your licence won't be revoked for months

It's not unusual for a prosecution to start just before the six months deadline
The DVLA won't revoke the licence until some time, possibly a couple of months, after the hearing

I would personally send the S172 reply now
You wouldn't be the first OP to forget after returning from holiday, or find that he's lost the form
ExtreamChaozz
Ok cheers, you have all been a great help.

With all this my understanding is that i probably wont have to go to court as it comes under the new driving act and i will get a postal letter from the DVLA explaining that my licence has been revoked and 6 points added to my licence as well as i have to pay a fine, but this letter can take a month to come through so untill then im able to drive. After having my licence revoked i can apply for a new drivers licence straight away.

Only bits i dont quite understand though is how this will effect my licences, such as will i be classed as a new driver having to start my 2 years again and will i lose my NCD? Im hoping its just a reissument and i will not have to restart my 2 years and lose my NCD.
southpaw82
QUOTE (ExtreamChaozz @ Wed, 7 Aug 2019 - 20:49) *
Ok cheers, you have all been a great help.

With all this my understanding is that i probably wont have to go to court as it comes under the new driving act and i will get a postal letter from the DVLA explaining that my licence has been revoked and 6 points added to my licence as well as i have to pay a fine, but this letter can take a month to come through so untill then im able to drive. After having my licence revoked i can apply for a new drivers licence straight away.

Only bits i dont quite understand though is how this will effect my licences, such as will i be classed as a new driver having to start my 2 years again and will i lose my NCD? Im hoping its just a reissument and i will not have to restart my 2 years and lose my NCD.

You probably won’t have to go to court because your matter can be dealt with under the single justice procedure, which doesn’t involve a court visit (assuming you’re at least 18 years old when the paperwork is issued). That has nothing to do with you being a new driver.

The court will order your licence endorsed. If that is with 6 points then at some point thereafter the DVLA will revoke your driving licence. You will also be fined, have to pay costs and a surcharge of 10% of the fine. You can drive until your licence is revoked. You can book a test any time after your licence is revoked (you can probably even book one before, so long as you’ll have a provisional licence when you take the test - I don’t know).

If your licence is revoked, you’ll never be a new driver, for the purposes of the Act, again. As to your NCD, I don’t see why you would lose that but you can ask your insurance company when you advise them of the points.
ExtreamChaozz
Yeah i read that the fine will be 150% of my weekly income. How long do think it will take for my licence to get revoked after posting the NIP? just so i know how much time i roughly have and can plan accordingly.
southpaw82
I wouldn’t bank on anything less than 4 months.
ExtreamChaozz
Wow really? that long im a little suprised. I thought it would take at least 2 - 6 weeks.
southpaw82
They usually use almost all of the six months they have to issue the court paperwork.
ExtreamChaozz
Ok, thank you for all the information.
Redivi
Check your insurance documents regarding when you have to notify your insurance company of a prosecution and what you must tell them

There's a post in another thread today where the writer reported that he notified the company that his licence had been revoked and they promptly cancelled his insurance
Jlc
QUOTE (ExtreamChaozz @ Wed, 7 Aug 2019 - 21:06) *
Yeah i read that the fine will be 150% of my weekly income.

Yes, but discounted to 100% for a guilty plea, costs of £85 and surcharge of 10% of the fine (min £30).

You might find insurance difficult with 6 points - it may restrict who will insure you and the premium will be loaded. Check your current policy when they need notifying.

You NCD is only affected when you claim (for a crash etc.).
666
QUOTE (southpaw82 @ Wed, 7 Aug 2019 - 20:56) *
QUOTE (ExtreamChaozz @ Wed, 7 Aug 2019 - 20:49) *
Ok cheers, you have all been a great help.

With all this my understanding is that i probably wont have to go to court as it comes under the new driving act and i will get a postal letter from the DVLA explaining that my licence has been revoked and 6 points added to my licence as well as i have to pay a fine, but this letter can take a month to come through so untill then im able to drive. After having my licence revoked i can apply for a new drivers licence straight away.

Only bits i dont quite understand though is how this will effect my licences, such as will i be classed as a new driver having to start my 2 years again and will i lose my NCD? Im hoping its just a reissument and i will not have to restart my 2 years and lose my NCD.

You probably won’t have to go to court because your matter can be dealt with under the single justice procedure, which doesn’t involve a court visit (assuming you’re at least 18 years old when the paperwork is issued). That has nothing to do with you being a new driver.

The court will order your licence endorsed. If that is with 6 points then at some point thereafter the DVLA will revoke your driving licence. You will also be fined, have to pay costs and a surcharge of 10% of the fine. You can drive until your licence is revoked. You can book a test any time after your licence is revoked (you can probably even book one before, so long as you’ll have a provisional licence when you take the test - I don’t know).

No, the OP will need his new provisional number to book the theory test. Wait time for that test is typically 2-3 weeks.
Logician
QUOTE (ExtreamChaozz @ Wed, 7 Aug 2019 - 21:06) *
Yeah i read that the fine will be 150% of my weekly income.


But that will be reduced by 33% for a guilty plea, then there will be a surcharge of 10% (min £30) and £85 costs.

NewJudge
QUOTE (Logician @ Thu, 8 Aug 2019 - 01:25) *
...then there will be a surcharge of 10% (min £30) and £85 costs.

If the offence was committed on or after 28th June 2019 the minimum is £32 (and the maximum £181)
Logician
QUOTE (NewJudge @ Thu, 8 Aug 2019 - 12:09) *
QUOTE (Logician @ Thu, 8 Aug 2019 - 01:25) *
...then there will be a surcharge of 10% (min £30) and £85 costs.
If the offence was committed on or after 28th June 2019 the minimum is £32 (and the maximum £181)


Thank you for that update.

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