is it legal to be punished 3 times for the same offence?

Question

last year i got caught doing 9 mph over a 40mph speed limit (in a truck), on a clear and dry straight road at night with no other traffic about. I was guilty and pleaded so, but was in effect punished 3 times. 1. £60 fine. 2. 3 penalty points on my licence. 3. my insurance premium increased, as i had to inform my insurance company of the motoring offence, can this be legal?

Answer 1

It is entirely legal. People often confuse conviction with punishment. While the Anglo/American criminal justice system generally prohibits being tried more than once for the same crime (the conviction part of the formula) there is nothing that prohibits multiple punishments.

Traffic offenses in the States typically include a fine, court courts and sur-charges such as victim's compensation funds. It can also include jail time. Points are accessed by the Court to help the licensing authorities keep track of the issue of whether or not you are entitled to exercise your driving privilege. These are all accepted punishments.

Insurance companies rate the cost of coverage using many factors, include past driving records, which includes points. Here, the Court is not ordering your insurance rates increased. Rather, it is a result of market conditions. There is nothing to stop you from finding new insurance, if you are able to do so.

Answer 2

You were only punished once. The punishment was the £60 fine and 3 penalty points. These are not seperate punishments.

The motoring insurance thing is because insurance is based upon statistics, and people with penalty points are more likely to get into accidents.

Answer 3

Of course it is legal. Your penalty, according to the law is the combination of points and fine. Insurance company is a business, not the law. They are not bound by the double-jeopardy rules. In fact, you can be punished once again by your insurance company refusing to renew your policy.

Should you have exceeded the speed by far larger margin, you could also be sent to a jail and given community service on top of it too.

Sorry, your argument doesn't work here.

Answer 4

You were not punished three times for the same offense.

First...the government punished you. Their punishment was a fine and points on your license.

Second....the insurance company did not punish you. Because of the ticket, you moved up into a higher risk category with higher premium.

Answer 5

You were punished by the law once - that was the fine and points. They didn't convict you twice.

Your own stupidity increased your insurance premium. That's because it costs the insurance company more to repair cars wrecked by people speeding - it's only fair you, as a reckless criminal, should pay more for your insurance than a careful, considerate, law abiding citizen.

Answer 6

you should have known that your premium would go up with a driving offense...for #2 penalty points don't even know what that is must be something in your country, but I would assume its also a law....in the states if you get too many traffic violations they will send you a letter saying you need to attend a safety school to protect your license.

Answer 7

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Answer 8

that was all part of 1 judges sentence, therefore it counts as 1 big punishment.

Answer 9

sure....
you know driving is a privilege.
possible next time you get punished four times for speeding--
4th--you lose license to drive also..

Answer 10

yes it is legal. just be glad youweren't caught speeding in Iran. they give the death sentence for traffic violations.