Help - Search - Members - Calendar
Full Version: A Query about Penalty Points
FightBack Forums > Discussion > The Flame Pit
Cid2k
I probably havent searched hard enough is it possible to tot up 21 points ? if your standing currently on 9?

Possible senarios :

6 Points Speeding offence ?
6 Points for driving without insurance ?

and in that sort of situation would a 56 day ban not apply if on 21 points?
BaggieBoy
Totting up normally results in a 6 month ban. However it is possible to exceed 12 points and not get banned, if exceptional hardship is argued and accepted. However if the offences are heard at different times, the same argument cannot be used more than once.
Cid2k
Cheers Baggie Boy, if the driver chooses to ignore the ban when the seperate offences have totted up to the said 21 points is picking up the soap next to bubba the next course of action?
nemo
QUOTE (Cid2k @ Mon, 16 Aug 2010 - 20:46) *
..if the driver chooses to ignore the ban when the seperate offences have totted up to the said 21 points is picking up the soap next to bubba the next course of action?

Driving whilst disqualified ? A custodial sentence would very much be on the cards, as well as a maximum fine of £5,000.
Cid2k
thanks very much for the info time to educate a fellow driver ! who believes he is invincible
nemo
QUOTE (Cid2k @ Mon, 16 Aug 2010 - 20:55) *
thanks very much for the info time to educate a fellow driver ! who believes he is invincible

Not forgetting that driving whilst disqualified is almost certain to be driving without insurance.

Of course, it may simply be the case that he has escaped a totting ban (or bans) by pleading 'exceptional hardship' previously and, as such, still holds a driving licence.
Durzel
Not that it would matter a huge amount but in cases where two or more offences are adjudged to have occured at the same time only one set of points (from whichever offence incurs the greater number of points) should be applied.
The Rookie
Not quite true, although normally it means only the one set of points (for the highest tariff offence) are awarded, the magistrates can decide to issue points for all offences.

Simon
Cid2k
What if they were seperate offences weeks apart ie awaiting a response on a S172 and then DWI? could the offence be seperated due to timescale or does a nice court bench drop one for the greater offence? i think Rookie answered the question but wasnt clear
nemo
QUOTE (Cid2k @ Mon, 16 Aug 2010 - 21:15) *
What if they were seperate offences weeks apart..

<..confused..>

Offences occurring 'weeks apart' are not offences occurring on the same occasion.

If you are referring to sentencing, then it matters not whether same occasion offences are sentenced at the same time or during separate sentencing hearings - the same guidance to impose the highest number of points for just one of those offences would still apply.
strollingplayer
I did hear apocryphal reports of a serial joyrider who managed to break the DVLA computer with either a large quantity of severable offences or an annoyed magistrate who wanted to make an example and imposed points for every offence charged (depending on who you ask) - however it happened, the guy ended up with a score into three digits, and the computer refused to record the totter because it didn't acknowledge that more than 12 points were on board. (It was since patched to not do the maths in-place, and to write back "99" to the record if it overflowed)
The Rookie
As I said above, for offences occuring at the same time, the magistrates'would normally' (perhaps a better choice than 'should' hich implies that is the only option they have) only impose one set of points, that for the highest tariff offence, however they have the option to impose points for each offence where its considered appropriate.

Simon
This is a "lo-fi" version of our main content. To view the full version with more information, formatting and images, please click here.
Invision Power Board © 2001-2024 Invision Power Services, Inc.