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FightBack Forums > Queries > Speeding and other Criminal Offences
Carld
Hi, I'm new here and I could use some advice please. I drive for a living and have reached 12 points on my licence. I had 3 points in December 2006 for doing something like 38 in a 30 and got caught by a camera, totally bang to rights I know. Now in the last 12 months I've recieved a further 9, 3 for doing 36 in a 30, 3 for doing 39 in a 30 and 3 for using my mobile phone, I need to add that I was using the phone while the car was stationary at traffic lights and I didnt actually think I'd broke the law.

Anyway, I have sent off my licence with the 60.00 conditional offer fine and I'd like to know what happens next? I understand I will need to go to court but how does it all work if they cash the cheque I've sent them?

Also, what happens if I commit another offence while my licence is away following the original offence?

I hope someone can help.

Thanks.
vw driver
QUOTE
I need to add that I was using the phone while the car was stationary at traffic lights and I didnt actually think I'd broke the law


If your phone was in a cradle you may have a defence - but this is done and dusted (see Thread on mobile phone useage.)

On the NIP did it ask how many points you had? If so (and you put 9) they should have noticed that you could not be dealt with via a FPN, instead issuing a court summons. They might yet notice this and your payment and license should be returned to you and they will issue of a summons instead. If they fail to notice this, and issue 3 points (taking you to 12) then return your license, you should be legally able to drive as no disqualification was issued by a court.

If they do not notify of court action 6 months from the offence date, you should be in the clear as they can not lay the information with the court to have you banned.

If you commit another offence whilst this one is being dealt with, you will have 9 "official" points (assuming that the 3 for the above offence are in the process of being added) but this one would probably be the nail on your driving coffin as you'll have to explain you cannot send your licence as it is having points added. I'm sure no oversight on this one and they will issue a summons for court!

Wait for other advice on this one - I'm 95% sure of this procedure.
Hotel Oscar 87
Most COFP's I have seen set out the conditions for acceptance of the offer - which includes the maximum number of points (e.g. some say "more than 8", others "9 or more"). I suggest that the OP may have missed this but I doubt that his points will be missed when and if an attempt is made to physically endorse his licence.

At that point his cheque and licence will be returned and a summons issued in due course.
jobo
is the current one for the mobile

if stationary and you had the handbrake on and the engine turned off then you are not guilty

how did they get you
Chippy Minton
QUOTE (jobo @ Sun, 17 May 2009 - 14:50) *
is the current one for the mobile

if stationary and you had the handbrake on and the engine turned off then you are not guilty


At a set of traffic lights, unlikely.
jobo
QUOTE (Chippy Minton @ Sun, 17 May 2009 - 15:07) *
QUOTE (jobo @ Sun, 17 May 2009 - 14:50) *
is the current one for the mobile

if stationary and you had the handbrake on and the engine turned off then you are not guilty


At a set of traffic lights, unlikely.



thats what i do if ive got to make a short, im running late, sort of call, i of course always have the hand brake on, its the work of second to stop and restart the engine
Carld
QUOTE (jobo @ Sun, 17 May 2009 - 14:50) *
is the current one for the mobile

if stationary and you had the handbrake on and the engine turned off then you are not guilty

how did they get you


No the current one is for 39 in a 30, I was stationary for the mobile one but the engine was on and the handbrake probably wasnt. I was caught by a camera.
The Rookie
Your paperwork will almost certainly get returned and you'll be invited to go to court and there be banned from driving for 6 months unless you can succesfully argue excessive hardship.

Simon
Carld
Hi everyone. I posted back in April when I was caught speeding at 36 in a 30 by a camera. I took on board all the advice and even saw a (expensive) solicitor, who I'm no longer using due to costs.

I am now on 12 points, and in court on 22nd October. None of the offences are above 40mph, and the first of the 3 points will come off in December.

I work as a driver and there are no other jobs I could do for my company, I'm unmarried, no children. I rent a flat which costs quite a lot and I have no savings. Basically I live week to week.

I am in the process of writing a letter to the court and also sending my licence in. Is this the correct thing to do? I'm not getting much help from the actual court 'helpline'.

I'd really apreciate any help guys.

Thanks
BaggieBoy
It would have been better to continue posting to the original thread, which is here. Hopefully there will be a mod along soon to merge the threads,
Carld
QUOTE (BaggieBoy @ Wed, 9 Sep 2009 - 18:03) *
It would have been better to continue posting to the original thread, which is here. Hopefully there will be a mod along soon to merge the threads,



Apologies, I did look for the original post but couldn't find it.
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