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Aled01
Hi I received an NIP yesterday from Norfolk Constabulary for doing 80mph on the A47 dual carriageway near Kings Lynn. I was prosecuted in 2011 for driving whilst disqualified, I got my license back Oct 2013 with ten points on it. My question is would there be a possibilty I would be offered an SAC with ten points? And if not and I pleaded extreme hardship in court, what are my chances of avoiding a ban?

Thanks in anticipation
sgtdixie
There is no reason why the wouldn't offer a course assuming limit was 70.
AFCNEAL
We can't answer that without knowing the applicable speed limit............
Jlc
QUOTE (Aled01 @ Wed, 9 Jul 2014 - 09:58) *
And if not and I pleaded extreme hardship in court, what are my chances of avoiding a ban?

That's hard to comment on without knowing the specific circumstances. The impact on others carries greater weight in reducing any ban.

...but being on 10 points doesn't remove the SAC option.

QUOTE (AFCNEAL @ Wed, 9 Jul 2014 - 10:20) *
We can't answer that without knowing the applicable speed limit............

Appears to be NSL, so should be 70mph for cars etc.
AFCNEAL
QUOTE (Jlc @ Wed, 9 Jul 2014 - 10:24) *
QUOTE (AFCNEAL @ Wed, 9 Jul 2014 - 10:20) *
We can't answer that without knowing the applicable speed limit............

Appears to be NSL, so should be 70mph for cars etc.


It might appear to be but was it at the time? Do we clairvoyantly know the OP was driving a passenger car (vs van, LGV etc)? I didn'tspot that in the original post.
Aled01
I was driving a car on a dual carriageway so the limit was 70mph. Thanks for your answers so far 8)
jdh
QUOTE (Aled01 @ Wed, 9 Jul 2014 - 09:58) *
Hi I received an NIP yesterday from Norfolk Constabulary for doing 80mph on the A47 dual carriageway near Kings Lynn. I was prosecuted in 2011 for driving whilst disqualified, I got my license back Oct 2013 with ten points on it. My question is would there be a possibilty I would be offered an SAC with ten points? And if not and I pleaded extreme hardship in court, what are my chances of avoiding a ban?

Thanks in anticipation

What was the offence date for your 10 points? it's not clear from your post whether the date of offence is more than 3 years before the date of offence of the current NIP.
Logician
QUOTE (Aled01 @ Wed, 9 Jul 2014 - 09:58) *
I was prosecuted in 2011 for driving whilst disqualified, I got my license back Oct 2013 with ten points on it.


What offence(s) do the 10 points relate to, and when were they committed and when were you convicted? It is not clear that they necessarily all count for totting purposes even though they remain on your licence.

Aled01
Offence commited 10/03/2011 convicted 23/09/2011, BA10 driving while disqualified. Would the date/offence have any bearing on me being offered an SAC?
Logician
QUOTE (Aled01 @ Wed, 9 Jul 2014 - 11:17) *
23/09/2011, BA10 driving while disqualified. Would the date/offence have any bearing on me being offered an SAC?


Are you certain about that? A BA10 should be 6 points if you are not disqualified again.

jdh
QUOTE (Aled01 @ Wed, 9 Jul 2014 - 11:17) *
23/09/2011, BA10 driving while disqualified. Would the date/offence have any bearing on me being offered an SAC?

It's the date of offence that counts for the 12 point totter, as the current offence date was within 3 years you'd fall under that but no, previous history doesn't make a difference on whether a SAC is offered. It does make a difference to a COFP, one shouldn't be offered if it would put you on/over 12 points.
You're either looking at a SAC if you fall within their criteria or court.
Aled01
QUOTE (Logician @ Wed, 9 Jul 2014 - 11:20) *
QUOTE (Aled01 @ Wed, 9 Jul 2014 - 11:17) *
23/09/2011, BA10 driving while disqualified. Would the date/offence have any bearing on me being offered an SAC?


Are you certain about that? A BA10 should be 6 points if you are not disqualified again.


Certain. 10 points, 100 hours community service and 12 months suspended sentance. Etched on my brain


QUOTE (jdh @ Wed, 9 Jul 2014 - 11:22) *
QUOTE (Aled01 @ Wed, 9 Jul 2014 - 11:17) *
23/09/2011, BA10 driving while disqualified. Would the date/offence have any bearing on me being offered an SAC?

It's the date of offence that counts for the 12 point totter, as the current offence date was within 3 years you'd fall under that but no, previous history doesn't make a difference on whether a SAC is offered. It does make a difference to a COFP, one shouldn't be offered if it would put you on/over 12 points.
You're either looking at a SAC if you fall within their criteria or court.


Hi the date of offence for my ten points was more than three years ago. What does COFP stand for?
andy_foster
Conditional Offer of Fixed Penalty (s. 75 Road Traffic Offenders Act 1988).
Logician
QUOTE (Aled01 @ Wed, 9 Jul 2014 - 11:31) *
QUOTE (Logician @ Wed, 9 Jul 2014 - 11:20) *
QUOTE (Aled01 @ Wed, 9 Jul 2014 - 11:17) *
23/09/2011, BA10 driving while disqualified. Would the date/offence have any bearing on me being offered an SAC?
Are you certain about that? A BA10 should be 6 points if you are not disqualified again.
Certain. 10 points, 100 hours community service and 12 months suspended sentance. Etched on my brain


If so, that was an unlawful sentence. However, those points have expired for totting purposes if the offence was more than 3 years ago.
Aled01
QUOTE (Logician @ Wed, 9 Jul 2014 - 11:42) *
QUOTE (Aled01 @ Wed, 9 Jul 2014 - 11:31) *
QUOTE (Logician @ Wed, 9 Jul 2014 - 11:20) *
QUOTE (Aled01 @ Wed, 9 Jul 2014 - 11:17) *
23/09/2011, BA10 driving while disqualified. Would the date/offence have any bearing on me being offered an SAC?
Are you certain about that? A BA10 should be 6 points if you are not disqualified again.
Certain. 10 points, 100 hours community service and 12 months suspended sentance. Etched on my brain


If so, that was an unlawful sentence. However, those points have expired for totting purposes if the offence was more than 3 years ago.


Was it? How so? Good news on the totting, I feel more confident about being offered an SAC now.
Aled01
Logician your post leads me to another question. If I understand you correctly, the points on my license stand from the date of offence (10/03/11) not from the date I received my license back after a ban (06/10/13) is that right? If so when I come to renew my insurance this October I need not declare them?
thisisntme
QUOTE (Aled01 @ Wed, 9 Jul 2014 - 13:09) *
Logician your post leads me to another question. If I understand you correctly, the points on my license stand from the date of offence (10/03/11) not from the date I received my license back after a ban (06/10/13) is that right? If so when I come to renew my insurance this October I need not declare them?


I believe you have to declare for 4 years on insurance
Jlc
QUOTE (thisisntme @ Wed, 9 Jul 2014 - 13:11) *
I believe you have to declare for 4 years on insurance

Each insurer is different but generally points are active for totting for 3 years, stay on licence for 4 years and declared for insurance for 5 years. Never fail to disclose this information to the insurer as you may void your cover.

Insurers will be moving towards the electronic system soon so they'll know about convictions automatically.
Logician
QUOTE (Aled01 @ Wed, 9 Jul 2014 - 12:41) *
QUOTE (Logician @ Wed, 9 Jul 2014 - 11:42) *
QUOTE (Aled01 @ Wed, 9 Jul 2014 - 11:31) *
QUOTE (Logician @ Wed, 9 Jul 2014 - 11:20) *
QUOTE (Aled01 @ Wed, 9 Jul 2014 - 11:17) *
23/09/2011, BA10 driving while disqualified. Would the date/offence have any bearing on me being offered an SAC?
Are you certain about that? A BA10 should be 6 points if you are not disqualified again.
Certain. 10 points, 100 hours community service and 12 months suspended sentance. Etched on my brain
If so, that was an unlawful sentence. However, those points have expired for totting purposes if the offence was more than 3 years ago.
Was it? How so? Good news on the totting, I feel more confident about being offered an SAC now.


Because the penalties for road traffic offences are set out in Sch 2 RTOA 1988 and you will find that the penalty for driving while disqualified, set out in s.103(1)(b) RTA 1988, is a discretionary disqualification or 6 points, and there is no range of points as there is for some offences. Therefore the law does not allow the court to give 10 points. You could have got up to 10 points by having another 4 for another offence such as speeding, of course.

Jlc has answered your other question about points.

Aled01
Thankyou everyone for your swift and knowledgeable answers to my questions. Much appreciated, karma your way
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