Trying to avoid a disqualification - Please help

nawtwrong · 18th November 2007, 17:00

Ok, here's my dilemma. I currently have 9 points on my Licence and two weeks ago I was caught doing 37 in a 30 on my way to work, so 3 more points = 12.

3 of the 9 points currently on my licence are due to 'expire' (in the eyes of the totting up system) on 4th April 2008 as the conviction date for these was 4th April 2005).

Basically I'm tring to avoid a disqualification under the totting up system because if I loose my licence, I loose my job.

My only hope is that I can either contest the latest speeding fine (unliekly) or delay it somehow until after the 4th april 2008 (5 months away) so that by the time it is dealt with in court and I surrender my licence, I'd have 6 'active' points in the eyes of the totting up system and avoid a disqualification.

Does this sound feesible?

I know I shouldn't have let my self get into this situation but I'm absolutely desparate, I have a good job that I've worked very hard to get and a car is essential.

Any help is greatly appreciated.

patdavies · 18th November 2007, 18:51

It doesn't work like that I'm afraid. Points for most minor convictions run from date of offence not date of conviction - to stop anybody doing what your are trying to do.

However, what are your earlier points for? If they run from date of offence, they may already be expired.

nawtwrong · 18th November 2007, 19:13

Thanks for your reply, my earlier points were for, suprise suprise speeding (38mph in a 30).

I've just looked at the paper part of my diving licence and accoring to that, the date of the offence is 3rd April 2005, the date of the conviction is blank.

Also, the paper part of my diving licence only shows these first 3 points but I definately have 9....... strange...

ruthb1 · 18th November 2007, 19:55

hi there,

when you get points on your licence, dont you have to send your license off to DVLA for endorsement?

why dont you phone up DVLA and find out how many points are on your License, thats what i would be doing i think first.

Sorry its not much help i know but at least then you would know where you stand.

ruth

nawtwrong · 18th November 2007, 20:10

Thanks, I'll double check with the DVLA but I'm positive it's 9.

Would the fact that only 3 points have been written on my licence make a difference?? I.E. when my licence is surendered to court and examined in my absence would they assume that 12 points have not been reached or is there some other record of the points on my licence other than the licence itself? (I'm clutching at straws here).

Unless anyone has any other suggestions, I think my only other option is to get a lawyer to try and convince the court not to give a disqualification under mitigating circumstances.

Has anyone got any advice on this? Costs, success rate etc?

Thanks

ruthb1 · 18th November 2007, 21:49

did you actually have to go to court for the past offences?

could it have been that you were just fined?

another way of finding out if you have got driving convictions, is go to a local police station ask to speak to a data protection officer and ask for subject access to your record, this should show all convictions that have been to court. but not all driving convictions show its worth a go though, just bear in mind that they normally charge between £10 - £12 for this.

hope this helps

patdavies · 19th November 2007, 01:42

Quote:

Originally Posted by nawtwrong

Would the fact that only 3 points have been written on my licence make a difference?? I.E. when my licence is surendered to court and examined in my absence would they assume that 12 points have not been reached or is there some other record of the points on my licence other than the licence itself? (I'm clutching at straws here).

Sorry, the Magistrates don't sentence from your licence (given as how many would be 'lost'); they have a DVLA printout.

patdavies · 19th November 2007, 01:43

Quote:

Originally Posted by ruthb1

another way of finding out if you have got driving convictions, is go to a local police station ask to speak to a data protection officer and ask for subject access to your record, this should show all convictions that have been to court. but not all driving convictions show its worth a go though, just bear in mind that they normally charge between £10 - £12 for this.

Won't work. Xshire constabulary will not hold data for Yshire constabulary.

If you want to sue Subject Access Request via the Data Protection Act, go the the DVLA - they hold the driver records - not the police.

gizmo111 · 19th November 2007, 01:59

According to this the points stay on for four years not three.
I would ring the DVLA and ask how may points you have outstanding on your licence.

patdavies · 19th November 2007, 09:39

Quote:

Originally Posted by gizmo111

According to this the points stay on for four years not three.
I would ring the DVLA and ask how may points you have outstanding on your licence.

Very true - but they only count for totting up for three.

gizmo111 · 19th November 2007, 09:54

Quote:

Originally Posted by patdavies

Very true - but they only count for totting up for three.

I see

dave · 19th November 2007, 11:26

I think your only hope would be to go to court rather than accept the fixed penalty and plead your case.

I know of one chap who had 17 points on his licence, and yet they let him continue to drive (i.e. not banned), as he pleaded that he needed the car to get his children to school, despite the fact that he lived about 1 mile from the school.

pt2537 · 19th November 2007, 12:18

personally, if it were me in this position, i would look to someone such as Richard Bentley from RMB Consulting. If you google his name it will come up with his website and it may be worth speaking to him, hes had many many speeding cases thrown out of court for various reasons

after all its gotta be worth a try

regards
paul

nawtwrong · 19th November 2007, 14:45

Thanks to everyone for their replies.

When I last got stopped a couple of weeks ago, the policeman who stopped me checked my licence and came back and told me I had 6 points on it, but that's because there were still 3 being processed at the time. - I don't know if this makes a difference?

I have a 5 year old daughter to get to school every morning so maybe I could use this in my defence.

I think speaking to a lawyer is the best option, to get some legal advice if nothing else, I'll try Richard Bentley as you suggested...

ruthb1 · 19th November 2007, 16:17

[quote=patdavies;1242423]Won't work. Xshire constabulary will not hold data for Yshire constabulary.

If you want to sue S.A.R - (Subject Access Request) via the Data Protection Act, go the the DVLA - they hold the driver records - not the police.[/quote

You are right to a point, as i understood it as i work for the criminal records bureau, we advise applicants who are in dispute regarding their disclosure to contact their local police station and there will be a data protection officer there who will be able to advise on the convictions they have. if i needed to get an applicant fingerprinted i would then have to send them to there home force not the force that held the conviction. This is what i understood it to be anyway.

maybe others could shed some light on this.

Rob S · 19th November 2007, 18:12

The only way you will avoid a disqualification is to be able to demonstrate to the court that by disqualifying you it will cause you extreme hardship. If losing your licence will result in the loss of your job then get your boss to say as much in writing. I would also consider employing a good solicitor to present your case as they should be able to put it across effectively. If you go to PePiPoo: Helping the motorist to get justice and ask over there I'm sure they will be able to point you in the direction of a good one.

shywazz · 19th November 2007, 21:03

Is it me or am i missing something here, your asking thread users to assist you from not getting banned from the roads due to your reckless speeding, knowing this is not your 1st offence, as admitted by yourself, taking you off the road, would hopefully help you take more care when you do get your licence back, My sister aged 24 years was knocked down and killed back in 1998 by a speeding driver, so please don't expect any tears from me to you.
There have been too many children and adults losing there lifes due to speeding drivers, and still people drive to excess, just to save a few minutes on there journey.
Knowing you had already totted up 9 points, should have deterred you from doing such, you didnt heed them lessons, and now is worrying about been banned, personnally i hope the judge takes yet another speeder from our already hetic roads.
You state you have a child of your own, so in hind sight you should know what speeding drivers are capable of, yet you are one of those that could take a innocent life.

SPEEDING DOES KILL..................... .........

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