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FightBack Forums > Queries > Speeding and other Criminal Offences
nippey2
Hello,



I have hit the magic 12 points via the totting up process. (3x3pts for speeding and 1x3pts for failing to comply with traffic signals). My queries are: Is it a straight 12 month ban or on a sliding scale. Also is the ban ‘backdated to the time of the offence or starting from when judgment is passed?



I understand there is the bigger fine/lesser ban thing and visa versa but im going to represent my self and take my medicine as its a fair cop. I'm not going to get my employer to write on my bhalf either as if you lose your licese, your sacked. This is even though i don't need to drive for work.


Cheers
Psycho Clown
QUOTE (nippey2 @ Wed, 25 Jul 2007 - 13:05) *
Also is the ban ‘backdated to the time of the offence or starting from when judgment is passed?


Hi nippey - I am not a real expert but I would with absolute certainty say that the ban (if given) will date from the CONVICTION and not from the date of the offence.

If they could ban you and backdate the ban, they would then be able to convict you of driving whilst banned for all the times you've got in your car since the offence!
nippey2
Thanks for the info.

My reason for wondering if it was backdated is that 3 points are put on your license from the date of the offence, not when you pay your fine etc.
Ocelot
I believe the points apply from te date of conviction, as Psycho Clown states.

Also, the ban should be six months for totting up, not 12 months.
Psycho Clown
Yes I can see how it could be confusing - but really you need someone with much more experience than me to explain the exact proceedure.
The Rookie
6 month ban is normal from the day of conviction. You will be asked to attend court so you know you are banned and can't drive home!

Simon
Ocelot
"The mandatory period of disqualification for a totting up ban is 6 months. Some Courts do exercise discretion and there are examples of 3 months being imposed but in theory, if you reach 12 points, and cannot convince the Court that you should be allowed to keep your licence, you are off the road for 6 months."

"Points are valid for 3 years from the date of conviction but cannot be removed from your licence until their fourth anniversary. If you amass 12 points in any 3 year period, you face disqualification."

http://www.drivingban.co.uk/drivingban/tot...antottingup.htm
nippey2
Guys,

Thanks for the info.

Nippey2
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