i already have 6 points for speeding and now have 2 more charges both for speeding. how can i keep my licence?

Question

had 6 points on licence and got 3 for doing 46 in a 40 and am due to be charged with doing 76 in a 60. all offences are for speeding

Answer 1

simple : dont speed

i hope you do lose your licence before you kill a child.

remember: driving IS NOT a right; it is a privilege

Answer 2

It's difficult but possible in your situation to keep your licence.

Once you have accumulated 12 points that is an automatic ban for 6 months, if you have not been banned before (more if you have). The only way to get out of a ban is to plead Exceptional Hardship, but this has to be something very extreme - for example your company depend on you driving and it would collapse if you were banned or every week you drive your elderly relative from a remote village in Yorkshire to receive urgent medical attention.

Your best bet is for your lawyer to put all the mitigation to the judge and ask that s/he impose a short ban instead of the obligatory 6 months and leave 9 points on your licence. This is something your lawyer could argue for you at the hearing. If you are banned for the full 6 months then you will have all the points taken off your licence and you will start again. But, depending on your particular circumstnaces, why not take the ban and clear the points. Ask yourself, if the judge imposes a short ban and I retain my points, would the consequences of losing my licence be worse later on in life if I am caught speeding.

Also remember points on your licence remain there for 3 years for the purposes of what lawyers call "totting" - so if the existing 6 points were imposed more than 3 years ago, they can no longer be used to add to the points you may be given for the current speeding offences.

Also, it is worth checking this out. For the two current speeding offences, did you receive notification from the police that they intended to prosecute you within 14 days? If you did not, and neither did you receive a summons within 14 days or were warned at the time of the speedign that you might be prosecuted, you can get off.

I wouldn't advise you to take up that person's offer of pretending to be the driver and take the points - this is rarely successful and ends up with criminal proceedings against both of you. Keeps the lawyers in business but not what you need/want!

Answer 3

I don't know what state you're in but I do know this:

1. Others have said to slow down. I'd have to agree with that, however...

2. Unlike what others have said, driving is NOT supposed to be a privilege. Originally it was a RIGHT with very little government oversight. As the number of vehicles increased, so did the regulations to the point that NOW it's a privilege - one government entities like to take advantage of. I mean, 100 years ago they couldn't take your horse away even if you purposely tried to run someone down with it! In fact you always have a right to transportation - it's what makes the world go 'round - as long as you're not dangerous, although it's interesting to note how recently laws to 'protect us from ourselves' have come into fashion i.e. seatbelt laws (which I detest as an insurance company handout at the expense of personal liberty).

3. In some states, like Massachusetts and Ohio, the very economy of the state is based on motor vehicle and other violations. It is even urban legend (although very possibly true) that in Massachusetts if they removed motor vehicle fines from the lawbooks, the state would go bankrupt. This is a primary reason this state was the last to increase it's speed limits to 65mph on all suburban and rural interstates (despite it now being an over 16 year, $15 billion, 10-lane tunnel project under Boston, the speed limit on I-93 downtown is a snailish 45mph!). Remember this the next time you're pulled over for doing 75 is a 65 at 3am when the roads are clear and it's obviously NOT dangerous.

4. As far as motor vehicle appeals hearings in court, if you've ever been to one then you know they are completely useless to you because they have no standard of evidence and rely solely upon the determination of one magistarate or judge with a financial interest in finding you guilty (or responsible), and it's you versus the guy (or gal) with the badge! I've argued against my share of cops (it's true that they're not too bright and can only seem to speak in pre-written scripts!) and unless there was a legal flaw in the violation, even if there were inconsistancies (lies) in the officer's testimony, the best satisfaction I've gotten from a judge was a split sentence (50% off the fine but you still get the insurance surcharge or points). If you're going to fight this head on, walk softly, but carry a big stick (maybe an attorney)! If anything, it will prolong the time before any suspension can take affect. Then you might even appeal the DMV decision *after* the court hearings but for that I would *strongly* suggest you get a really good attorney (because it's your last hope) to argue to the DMV that despite your record you're not a danger to other drivers.

5. Think about moving out-of-state if your license is absolutely *that* necessary. If you can get a license in a state that has more lenient habitual violator penalties before the suspension actually takes place you MAY beat it. I used this technique long ago to avoid a 4-year suspension. Now years later I get safe driver discounts! If you beat this thing, clean up your act... it really *is* a second chance and you save *so* much money on that overpriced insurance! Plus, if you do live in a place with a corrupt system, you won't be subject to it anymore.

And if you *do* lose your license, please do NOT drive! Just keep in mind that the state knows you're probably going to have to drive anyway in order to survive and so they don't mind arresting you and subsequently making more money off of you if and when you do! I was even once arrested for driving after suspension when legally I shouldn't have been (the suspension came from another state which wouldn't fix the error until afterwards - talk about beaurocracy), but I pled out to save time before I caught the issue and it hurt my driving record real good!

Just be careful out there!

Sarah

PS: You're in Britain, aren't you?! Well the same concepts probably apply there too!

Answer 4

Unlucky on 46 in a 40 - the police are allow 10 per cent plus 2 before they stop you, so 46 is the lowest you're ticketed at. But previous advice to appeal it is unwise as the 10% plus 2 allowance is only a goodwill thing anyway....however, your licence is toast by the looks.

Answer 5

Go here is my advice and as previously pointed out why do people automatically assume you are guilty of these offences. I thought you were innocent until proven guilty and if these people telling you to slow down bothered to do a little bit of research they would find the 'evidence' provided by cameras and speed guns is notoriously unreliable but due to the sheep mentality of people and the assumtion that you are guilty until proven innocent unlike any other offence, they all go along with it.

I would also like to point out speed in itself is not dangerous, innapropriate speed is. On a dry day 60mph may be fine, but when the road is wet/icy/snowy are you telling me the same speed limit should apply. Get real.

Good luck to you, and drive safely, not necessarily slowly.

http://www.beencaughtspeeding.co.uk/

Answer 6

Minimum of 3 points per offence. This will take you to 12 and an automatic ban.

If you are going to court, you may be able to argue your case to keep your license, but unless you are an extremely rich footballer with a razor sharp lawyer, then you won't get off.

Answer 7

you may want to contact an attorney but probably you would only get 2 more points for the 76 in a 60, you should be ok

Answer 8

First of all. Stop speeding. Second of all, you shouldn't get a ticket for going 6 miles over (unless you were in a school zone). So challenge that one.

If you are a habitual speeder, and/or unsafe driver, the point/ticket system is in place to protect the rest of us.

Answer 9

if your dumb enough to be caught speeding 4 times then you don't deserve to have a licence. once or twice is a mistake 4 times is stupid, you obviously don't learn from yours.

Answer 10

so stop speeding when you lose your licence you'll be wishing you'd have just slowed down belive me using public transport will be more of a punishment than any fine.

Answer 11

simple thing, stop speeding! u been caught speeding 2 many times so u deserve to lose ur license