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Anyone any advice on the quickest way to get licence back after revocation. To sumarise, my son had been driving for 12 months using my second car (modified mondeo) when he decided to buy a more sensible car (old BMW). A rush of blood to his head and he went to 51mph in a 30mph zone. Held his hands up and pleaded guilty by letter. Magistrates fined him £250 with £50 costs and 6 penalty points. He accepts all of the penalties he has been given but as the DVLA have revoked his licence its looking like its going to take around 6 weeks to re apply for his provisional, book and sit the theory and book and re take the practical. As his job is a delivery driver, i was wondering if anyone knows a quicker way to complete it. It just seems like another penalty to lose his job for 1 offence.
If his job depended on him having a driving licence, then he really ought to have attended court rather than plead guilty by letter. As for getting his licence back, there are no short cuts to speed up the process.
Unfortunately speeding is a criminal offence, that is the punishment laid down and he must suffer the consequences.
He will have to ask his boss if he can do something else until he gets his licence back, if his employer will not agree then he had an early lesson on abiding with the law.
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This law stinks... My brother recently had his license revoked for getting caught for the 2nd time 3 weeks before the end of his 2 years.. I attended court with him where he asked for a short 2/3 week ban instead due to the fact that his job depended on it only to be told that he was'n't going fast enough to warrent a ban as under new government guidelines he needed to be doing 39mph and he was only doing 35mph in a 30 zone.. This stinks of punishing the less guilty again and as now resulted in him losing his job and having to claim benefits which obviously me and you have had to fund... It may also result in him losing his car as he is now struggling with his repayments due to losing his job... Now i'm all for punishing speeders but surely the courts should have some descretion in this as my brother has done well over 100000 miles since passing his test when some folk take 10 years to do this .. Surely if your job depends on it you should be allowed some leway...
Revocation is nothing whatsoever to do with the Courts. In fact, they are specifically cautioned about sentencing with revocation in mind. A Court has no discretion regarding revocation as it is not a Court procedure.
Revocation is not a ban. It means that the individual must apply for a new provisional licence and take both tests again. Employment could be retained simply by having the driver accompanied (at his/her expense presumably)
Also, revocation does not take effect unless and until a notice is served by the DVLA announcing the revocation. An individual can continue to drive with a full licence until then.
No one disputes that the court have nothing to do with the revocation process. However the people handing down the sentences do know that giving 6 points will end up with a revocation.
I just hope that the people who say the law is the law would do the moral thing after that statement and if unfortunately they get to 6 point they would surrender their licence. After all the law is the law for everyone not just some. Maybe it should be that way anyway. Afterall surely it would be beneficial to revoke a licence for all, especialy for older drivers who probably wouldnt pass a test these days. Im probably one of them.
However the people handing down the sentences do know that giving 6 points will end up with a revocation.
What part of this (in bold) is not understandable?
Originally Posted by patdavies
Revocation is nothing whatsoever to do with the Courts. In fact, they are specifically cautioned about sentencing with revocation in mind. A Court has no discretion regarding revocation as it is not a Court procedure.
That wasnt a dig at you Pat, as i said it isnt a dispute that the courts dont deal with the revocation. What my point was is, in my sons case it was a first offence, the court decided to give him 6 points and in doing so knew it would mean revocation. Surely they must have some leeway on the number of points. Someone has said that if he had attended court, he might have got away with a lower sentence, so much for the pleading by letter route.
What my point was is, in my sons case it was a first offence, the court decided to give him 6 points and in doing so knew it would mean revocation. Surely they must have some leeway on the number of points.
You are still missing my point.
The Court is not allowed to award a lower number of points just because the 'normal' award would lead to revocation. They must ignore the whole revocation scenario when sentencing.
According to a member of the court staff, the guidlines for the speed he was doing for the speed limit of the road are between 4 and 6 points. What they said is if he had attended court he could have pleaded that it would possibly mean losing his job and so could have been given less than 6.
This would point that the courts do sometimes take the revocation system into account.
In my sons case he held his hands up and addmited by post to the offence whereas it seems others who attend court could get a lower sentence.
Even the member of the court staff thought the ammount of the fine together with the ammount of points was a little exesive.
Perhaps they are giving your son an early warning that irresponsible driving will not be tollerated and so by giving him this 'shock' treatment now, he will remember it all his driving life.
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_________________________ ________________ _________________________ ___________________
So you wouldnt mind getting your licence revoked for 1 offence yourself. Whats good for 1 is good for all.
How fair is it that I get at least 3 speeding offence chances and just because someone has not been driving for 2 years only get 1. Speeding is speeding no matter how long someone has been driving. Im counting myself in this as well, like most of the elderly drivers we would find it difficult to pass a test straight away now. Try doing the mock theory.
If it was 2 offences in the first 2 years then i could agree.
There are other offences around which allow magistrates to give out 6 points in one go. Unfortuantely he was driving at a speed which was considerably above the posted speed limit.
The only option he may have is to appeal against the sentence at crown court to see if it may get reduced to a lesser amount of points.
Its pointless Rob. First you have to appeal to the magistrates court who will then forward it to crown court then you have to wait for a slot to get the case heard.
Hes decided to accept it, hes already got his provisional licence back and booked his theory for next thursday. He is then booking his practical straight after.
My points have been not just for him but for others who for a rush of blood once will get far more penalised than the rest of us.
Like i said most wouldnt pass first time. Luckily for them they have already done the new system so it shouldnt be to hard to pass.
I would be worried if it was me that had to retake a test as i think most of us so called experienced drivers would be.
1 speeding offence = 6 points +
£250 +
£50 (costs) +
£50 (new licence) +
£30 (Theory test) +
£56.50 (Practical test) +
Los of earnings equals one hell of a punishment for 1 offence
Thats his frame of mind at the moment. originaly he didnt know that revocation could only happen once. It was only by me asking on here and other places that we found that out.
I just hope that the powers that be see sence in this farcical situation. As this site is all about unfair penalty charges we should all see this. Anyone that says different would sound like the people who dont get bank charges, "it dosnt happen to me so they deserve it".
I must admit I have been fortunate not to have lost my licence before now. Now i watch my speed with vigilance and still creep a couple of MPH over the limit on occasions, I must spend 25% of my time watching my speedo now.
All sorted now. Hes passed his test again this morning and is now back on the road. Hopefully he has learnt a verry costly lesson.
Thanks to all for the advice from you all.
He's done well passing a new test at the first time of asking royboy. It's amazing how quickly bad habits creep into new driver's driving making it very hard for them to re-introduce the "perfect driver" they were first time round.
I have a pupil at the moment who was driving for nearly 2 years then had his license revoked, and has now taken 3 new tests but always lets one of those "normal" bad driving habits slip into the test that we see everyone else using every day of the week.
Roy,
Predictably little sympathy for your son's plight I notice.
Seems that most posters have missed the point altogether and are happy to carp on along the obvious lines that either a) he should have been more careful in the first place or b) he should have defended himself more rigorously thereafter.
If I have read your post right, you've just said all this yourself and are looking to move forward rather than asking what your son should do if he had a time-machine.
I must admit my thoughts are only a little more helpful but just wanted to let you know that some of us did actually get the point of your message.
I am in the same situation myself and was pleased to have read your post as I didn't know you could re-apply straightawy.
Your son's obviously an experienced driver so it shouldn't cause any real problems but have you tried looking at test centres and theory places further afield - miles away if necessary?
I bet they all have lengthy booking delays when you phone up?
All part of the process:-
Paid the penalty, paid the fine, paid the costs, paid the 'victim' surcharge, now pay for a new license, pay for a new theory test, pay for another practical test and then pay to renew your photo on top.
But only if my boss can hold on a couple more weeks - seriously doubtful since he's spoken to me about it twice already and with the turndown in business he's looking to get rid anyway.
Double dip recession? I'm facing a triple whammy of having to be let go and then no work out there when I'm at the dole office, worse still they will find out from the DVLA I lost my license thus it is my fault I lost my job and so I am not entitled to £64 per week dole and must appeal each fornight for around £35 'hardship' money - this has happened to my friend so I know what's coming. So no it's not another penalty - it's all part of the same penalty, the Notice of Intended Prosecution is just the thin end of the wedge.
Sorry to be so negative, I really do wish you luck but when I got on to writing about the DWP and the dole office it just felt like that kick in the teeth you don't deserve but that's coming anyway.
Of course the car will have to go - it is a saleable asset and must go before they will pay anything - even £15-£20 per week. (Transfer Ownership if things get that bad) Totally ****** crazy - what does lack of transport do to a person's employment prospects?
I live in a village and have to travel to work - our bus service runs 9am till 4pm every half hour - give or take ten minutes most days. I'm paying taxes but soon it looks like I will be fighting them for pittance.
Cameron's my M.P he wants to stop the benefit-reliance culture and cut crime - I'm going to send him this post because I'm getting hammered by two of his biggest Gov't departments whilst junkies I know get £94 Disability pay and free bus travel for them plus one (the plus one is supposed to be their carer but usu. their mate).
DVLA and DWP a rock and a hard place.
so thanks to all you other posters - I didn't start out to hijack this guy's post and turn it into a long-ass rant but that's how it turned out.
If I haven't melted your eyeballs yet you may want to read my next post - it will explain how I fell foul of this twin-headed monster, am p****** off with your dumb-ass posts and despite a good degree in a desperately under-employed sector, seem destined for a life of benefit-slavery at the worst time in living economic memory.
And no, it really is NOT MY FAULT.
But then s*** happens - and maybe it really is best if it happens to me because judging by some of the posts on here we'd all be messed up if it fell on your shoulders.
Royboy68, sorry. best wishes for the future.
D.L.T.B.G.Y.D
No problem with your post on this thread. You have put it far more clearly than i could ever have done. It was back in August 08 that he got done. Luckily for him his boss held his job for him whilst he had no licence and kept him in the warehouse. He did manage to get it back quickly but at a big expense. He has now moved on to a better job as senior driver at a bigger firm with his ex boss blessing.
It does annoy you though with the holier than thou attitude. It makes you wonder if these people actually do keep within the law at all times or have just been fortunate not to have got caught.
I have brought my children to accept it when they have done something wrong but to fight if its an injustice. Before anyone starts jumping up and down, I always thought we had one law for all in this country so you wont mind if the same law is brought out for all drivers, a driver who has been driving for a few years can go out and get absolutely wasted on booze or drugs, get a ban but then immediately start driving after the ban.
Even though its been a couple of years since it happened it still makes my blood boil.
Keep pestering the test centres Alan, thats what my son did, He was virtualy permantly either on the phone or on the web site trying to get the earliest tests possible.
Good luck and I hope you get it back as quickly as possible.
New driver revocation
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Originally Posted by royboy68
