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Full Version: [NIP Wizard] 66 in a 40 on dual carriageway. Are Points or Ban the best option?
FightBack Forums > Queries > Speeding and other Criminal Offences
nimh999
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - December 2012
Date of the NIP: - 4 days after the offence
Date you received the NIP: - 5 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A 127 Southend Arterial Road, Laindon (Travelling East)
Was the NIP addressed to you? - Yes
Was the NIP sent by first class post, second class or recorded delivery? - First
If your are not the Registered Keeper, what is your relationship to the vehicle? -
How many current points do you have? - 3
Provide a description of events (if you know what happened) telling us as much about the incident as possible - some things that may seem trivial to you may be important, so don't leave anything out. Please do not post personal details for obvious reasons - Friends son travelling on a dual carriageway at 4 in the morning. He was doing 66 in a 40. Didn't realise the speed limit had reduced to 40 from 70mph.

He wants to know what is the best option is if found guilty.

Am I correct in that the magistrates have no option other than

a short term disqualification with no points or

6 points?

Are there any other lesser options?

Thanks



NIP Wizard Responses
These were the responses used by the Wizard to arrive at its recommendation:
Have you received a NIP? - Yes
Are you the Registered Keeper of the vehicle concerned (is your name and address on the V5/V5C)? - Yes
Did the first NIP arrive within 14 days? - Yes
Although you are the Registered Keeper, were you also the keeper of the vehicle concerned (the person normally responsible for it) at the time of the alleged offence? - Yes
Were you driving? - Yes
Which country did the alleged offence take place in? - England

NIP Wizard Recommendation
Based on these responses the Wizard suggested that this course of action should be considered:
  • The law requires you to provide the information requested in the Section 172 notice within the 28 day period, naming yourself as the driver. If you are considering obtaining formal legal advice, do so before returning the notice.

    You should note that there is nothing to be gained by responding any earlier than you have to at any stage of the process. You are likely to receive a Conditional Offer of a Fixed Penalty (COFP) and further reminder(s). If you want to continue the fight, you should ignore all correspondence from the police until you receive a summons. You need to understand from the outset that while you will receive much help and support from members on the forums, you will need to put time and effort into fighting your case and ultimately be prepared to stand up in court to defend yourself.

Generated by the PePiPoo NIP Wizard v3.3.2: Sun, 10 Mar 2013 21:18:08 +0000
Jlc
That's the guidelines. They can award less but tend to follow them fairly closely.

Logician
The only other option is if Essex police decide to issue a fixed penalty notice, but 66 is the point where drivers in a 40 limit are usually taken to court, and he may be past that stage by now. There are no other options for the court. As to which is best, points stay effective for totting purposes for 3 years, whereas a ban once served is over. For that very reason, the magistrates may prefer to give points as more of a future deterrent. For the effect on insurance premiums, he should try some dummy quotes online using a false name but all other details correct. Falsifying the name stops any future effects of the exercise.

If he is in his probationary period, ie within two years of passing his first test, there are other considerations. 6 points will see his licence revoked in due course and he would have to retake his test. A ban has no effect, wierdly.
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