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FightBack Forums > Queries > Speeding and other Criminal Offences
aidan8888
This is my first post, so, hello.

I have 3 points on my license for speeding already, but recently I have recived a NIP, I was speeding, im not going to debate it.

I was wondering as I have held my license for less than 2 years will I loose my licence.

BTW I am waiting on wheather or not to go to court, I might get a chance to mitigate.

cheers

aidan

EDIT, my newest offence was 38 in a 30.
jobo
they dont ban you at court, the dvla revoke it automatically, meaning you have to resit your test

there nothing you can do at court to make it not happen, other than plead not guilty and win
Tetris
Yeah, under the New Drivers Act if you do accumulate another 3 points on your license it will be revoked meaning you will have to apply for a provisional again, retake the theory and the practical test.

Some one will advise you better on the procedure of your likely punishment for doing 38mph in a 30 as i dont want to give incorrect information. But it will most likely be £60 fine and 3 points.
andy_foster
Please visit the READ ME FIRST section (Click Here), answer all the questions in the NIP Wizard (including the detailed questions reached by clicking on the Additional Questions button on the second page), and the Wizard will then post its output back here to enable us to help you.
SpenJC
You could go to court and plead mitigating circumstances and maybe they'd give you a short term ban instead with no points.One of the main problems your gonna face is your age i think there just gonna think your some young hot head.Im not saying you are by the way.I really real for you pal and i hope all gos well but i think your gonna be taking your driving test again real soon.How long before your two years is up ?.
Ferret
QUOTE (SpenJC @ Wed, 22 Apr 2009 - 10:14) *
You could go to court and plead mitigating circumstances and maybe they'd give you a short term ban instead with no points.


A ban for 38 in a 30........that would be a first?
I am Weasel
QUOTE (Ferret @ Wed, 22 Apr 2009 - 12:52) *
QUOTE (SpenJC @ Wed, 22 Apr 2009 - 10:14) *
You could go to court and plead mitigating circumstances and maybe they'd give you a short term ban instead with no points.


A ban for 38 in a 30........that would be a first?

Indeed, but the OP already has 3 points and has <2yrs expereince, so would lose their license under the 6-point rule (if I am reading the thread correctly)
jobo
QUOTE (I am Weasel @ Wed, 22 Apr 2009 - 13:10) *
QUOTE (Ferret @ Wed, 22 Apr 2009 - 12:52) *
QUOTE (SpenJC @ Wed, 22 Apr 2009 - 10:14) *
You could go to court and plead mitigating circumstances and maybe they'd give you a short term ban instead with no points.


A ban for 38 in a 30........that would be a first?

Indeed, but the OP already has 3 points and has <2yrs expereince, so would lose their license under the 6-point rule (if I am reading the thread correctly)


no your not
andy_foster
QUOTE (jobo @ Wed, 22 Apr 2009 - 13:24) *
QUOTE (I am Weasel @ Wed, 22 Apr 2009 - 13:10) *

Indeed, but the OP already has 3 points and has <2yrs expereince, so would lose their license under the 6-point rule (if I am reading the thread correctly)


no your not


Do elaborate...
jobo
context of previous posts

there seems to be confusion between a ban and a revocation
andy_foster
The poster that you contradicted did not use the terms ban or revocation - he stated that the OP would lose their licence [if they received another 3 points].
In what way was the poster wrong?
jobo
I've lost my licence many times, it usually turns up in the pocket of some coat I've not worn for years,( this strictly speaking is just mislaying) except for the time I actually lost it and had to apply for a duplicate.

When subject to the penalties of the legal system, you are either banned or revoked. To use a euphemisms, which doesn't differentiate between the two runs the risk of confusing the OP. It certainly caused me to consider that the poster was confusing the two, maybe he was, maybe he wasn't, but if it wasn't wrong, it was inaccurate and worthy of correction.
neil3841
QUOTE (jobo @ Wed, 22 Apr 2009 - 14:52) *
I've lost my licence many times, it usually turns up in the pocket of some coat I've not worn for years,( this strictly speaking is just mislaying) except for the time I actually lost it and had to apply for a duplicate.

When subject to the penalties of the legal system, you are either banned or revoked. To use a euphemisms, which doesn't differentiate between the two runs the risk of confusing the OP. It certainly caused me to consider that the poster was confusing the two, maybe he was, maybe he wasn't, but if it wasn't wrong, it was inaccurate and worthy of correction.



that's a little pedantic the OP used lose in his post clearly meaning no longer posses here is the definition of lose 1. to come to be without 2 to fail inadvertently to retain (something) in such a way that it cannot be immediately recovered 3. to suffer the deprivation of:


But lets not get off the subject and turn this thread into a debate that belongs in the flame pit

OP I think your only chance it to try to find a defence and go not guilty if you plead guilty the dvla will make you sit your test again Do the NIP wizard maybe we can help you
foz
QUOTE (jobo @ Wed, 22 Apr 2009 - 02:36) *
they dont ban you at court, the dvla revoke it automatically, meaning you have to resit your test

there nothing you can do at court to make it not happen, other than plead not guilty and win


--------------------------------------------------------------------------------------

Thats not entirely correct. I picked up a speeding NIP for travelling 38mph in a 30mph zone last year, this would have meant that I would have reached 6 points within 2 years of passing my license and thus would have had to sit all parts of my driving license. I was at fault and deserved the fine.

Instead of taking the points, I gambled and went to court and represented myself. At court you are in front of magistrates (not judges) thus if you can appear remorseful and expalain the pain that revocation of your license would cause, there is a chance they may give you a very short ban (in my case 14 days) and a hefty fine...which is clearly preferable to the cost and angst of doing the whole test process again.

There is a very good on line site on how to represent yourself in court (google it) and that was an enormous help. My advice to you, is to dress up in a nice suit, explain why you have decided to go to court, describe the situation which led to the offence with referral to relevent issues such as, it was a straight road, i was not endangering other pedestrians or drivers, i was sober, i pay my taxes, fully insured, not got criminal convictions, work (try to get a reference from your boss) and basically apologise and explain how you have learnt from your mistake etc etc...also explain how losing your license may effect your career, life choice etc....

Perhaps you will get lucky! good luck!
jobo
its all ways worth a shot , but the mags have been told expressly not to do this
foz
QUOTE (jobo @ Thu, 23 Apr 2009 - 16:22) *
its all ways worth a shot , but the mags have been told expressly not to do this



------------------------------

it is a gamble to going to court and pleading guilty, obviously there is a chance you will lose and then also have to pay court costs...about £100.
Ocelot
I have heard about other new drivers that have not had their licences revoked on their second offence, but I wouldn't pin too many hopes on it.

If you have received a NIP, there might normally be a possibility of receiving a SAC for this speed, but it is a bit of a gamble as you won't know until you return it. I'm not sure if it applies in this scenario (new driver).

If it were me I would probably do as foz says and hope for the best, as there is little other option.

For now, best do as andy foster suggests and post the results of the NIP wizard. You never know, there may be some irregularity.
The Rookie
QUOTE (Ocelot @ Thu, 23 Apr 2009 - 20:04) *
I have heard about other new drivers that have not had their licences revoked on their second offence, but I wouldn't pin too many hopes on it.


Why/how? I know the DVLA has in the past taken a while to revoke a licence (upto 3 months) but not heard of it not happening, of course the law is often misunderstood, some may have had a full bike licence first and therefore stopped being a 'new driver' before the 2 years from passing their car test.

Simon
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