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Speeding penalty po...
 

[Closed] Speeding penalty points

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This was a few years ago, but just goes to show what happens when it all goes horribly wrong:

[url= http://www.oxfordmail.co.uk/news/1805443.0/?act=complaint&cid=739055 ]BMW Finanace Manger jailed for speeding, and lying in court...[/url]


 
Posted : 03/10/2011 12:34 pm
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Aracer would you actually effectively sack your wife just to teach her a lesson about speeding?

What gives you that impression?


 
Posted : 03/10/2011 12:34 pm
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Aracer, have you ever thought about a career change; stand-up perhaps?

What with classics like;

Oh sorry. What I meant to write was:
Go for it - I'm sure they'll never notice. I understand how easy it is to get caught for speeding 4 times, especially when you've got a car which goes a bit fast.

and

I'd take them for my wife if we were in the same situation. Its 3 month jail sentence is no biggie.

I honestly think you'd go down a storm. You're stage name could be
"Aracer - The sarcastic online forum editor", or something equally snappy.


 
Posted : 03/10/2011 12:34 pm
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Hmm, so I'm advising against risking a more serious charge which is likely to be far worse for the OP than his [s]mates[/s] wife losing her job, and have also posted something suggesting that 12 points doesn't necessarily mean a ban, yet I'm the baddie round here? 🙄

Would it really be preferable to advise OP that everything is OK and [s]he[/s] his mate should take the points for wifey?


 
Posted : 03/10/2011 12:37 pm
 br
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Second page and no one has yet mentioned Chris Huhne - what is going on?

http://www.bbc.co.uk/news/uk-politics-14723358


 
Posted : 03/10/2011 12:38 pm
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I'd take it. If they go to photo, just claim that you thought it was you (I mean, her husband) who was driving the car around that time. The alternative is she picks up 12 points, struggles with job, may lose it. Drop in income, poverty, social unrest, riots.

Take the hit, I would.


 
Posted : 03/10/2011 12:39 pm
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It's a fairly widespread practice

Estimated at 750,000 cases, mainly women taking the hit for their husbands/boyfriends
Points dished out over the last decade went up quite a bit but bans from accruing 12 points went down 🙂


 
Posted : 03/10/2011 12:45 pm
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Depending how well you know your mate I would tell him that she clearly shouldn't be driving on public roads anyway.


 
Posted : 03/10/2011 1:00 pm
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Re the possibility of not losing your licence due to pleading exceptional hardship. I know from personal experience that exceptional hardship defence will not work unless you can prove the hardship relates to other innocent parties, i.e if your wife's ability to drive is essential to providing care or financial support to others. Simply losing her job if she doesn't have a licence is not sufficient as the hardship will only be to herself.


 
Posted : 03/10/2011 1:01 pm
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Depending how well you know your mate I would tell him that she clearly shouldn't be driving on public roads anyway.

I'd say based on the scant info here that is a bit harsh. However whilst it's pretty easy to pick up points for minor levels of speed indescression, not being observant enough to spot the cameras that many times is a little worrying. I've done it myself and gave myself a royal kick up the arse and I think my driving is better because of it.


 
Posted : 03/10/2011 1:05 pm
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It's a bit like the "have you ever hit a cyclist" thread. Lots of us on there owning up to momentary lapses of concentration/attention. 4 times in 2 years is, however, a bit more than a one-off and perhaps points to a general lack of care and attention whilst driving. I'd say she's a danger on the road and should be taught so accordingly.


 
Posted : 03/10/2011 1:07 pm
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LOng story but basically she started a new job back 2 years ago and was given quite a powerful company car that she wasn't used to (previous car Skoda Fabia). Within 3 months she'd got 9 points all for driving just over slightly over the limit (one was doing 44 in a 40). Learnt her lesson and has been driving very cautiously since.

The "more powerful car" joke is just that. I have a VERY powerful car and a very powerless car. I don't speed any more in the powerful car than I do in the gutless one unless I choose to do so. 9 points says "I don't care about the law or have no idea about car control" and so I'd suggest he saves her and others lives by letting her take the points and the ban.


 
Posted : 03/10/2011 1:08 pm
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"Oh dear oh dear, what a silly woman. I'm off out on my SS 29er round somethere that isn't a trailcentre. Make sure you've packed your bags by the time I'm back.

As if anyone would react like that. I mean, a 29er? come on.


 
Posted : 03/10/2011 1:13 pm
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while I agree that she should be more careful on the road, and as she's your (mates) wife not mine I'd sooner her be off the road for a while and then forced to do a course to get her license back

however if it was my wife I'd prob take the points and then plead ignorance that I wasn't driving

not the right thing to do, but then again it's real life we're talking about rather than holier than thou forum hypothesising isn't it.

More importantly I'd also be expecting to be woken up with my todger being gobbled for the next few months (I'd say however long the possibly jail term for perverting the course of justice was, as if it goes wrong you could be the one gobbling cock) and suggest that a few driving catchup lessons etc wouldn't go a miss. I'd do the suggestions while her mouth was full so there'd be no way to disagree 🙂


 
Posted : 03/10/2011 1:16 pm
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If I was the OP's friend, I'd be questioning if I wanted a wife who wanted me to a) take the fall for her own stupidity, and b) wanted me to commit a greater crime than the original offence to do so. You can't 'accidentally' get 9 points on your license - if you get caught once, you should be bloody careful about your speed after that. If you get caught twice, even more so. Three times? You might want to think about giving up the car if you're so incapable of obeying speed limits, or at the very least obeying them when you're being watched.

If she does genuinely need her car for her job and can't get by on public transport then chances are the judge will let her keep her licence. It does sounds like she needs to face the very real risk of losing her licence, as the penalties so far don't seem to have made much of an impression.


 
Posted : 03/10/2011 1:16 pm
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can i have their names, could make a few quid out of this 🙂


 
Posted : 03/10/2011 1:17 pm
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+1 Mrs Toast

I'd be questioning if I wanted a wife who wanted me to a) take the fall for her own stupidity, and b) wanted me to commit a greater crime than the original offence to do so

Boom


 
Posted : 03/10/2011 1:18 pm
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If she does genuinely need her car for her job and can't get by on public transport then chances are the judge will let her keep her licence

sadly


 
Posted : 03/10/2011 1:19 pm
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You don't think they might be a tad suspicious at a company car being driven by the partner of somebody with 9 points?

Firstly - I think you are putting too much thinking into how they process it. Its unlikely that they would even realise than Mr X doesn't work for BigPharma Ltd. Indeed they probably don't even know the car is leased to BigPharma Ltd since it is probably Nameless LeaseCo Ltd who are the registered keeper.

Secondly - I doubt that even if they made the association between LeaseCo, BigPharma and Mrs X that they even know she has 9 points.

Thirdly - it is entirely credible that Mr X was driving Mrs X car. Even if it was Mon-Fri 9-5, the prosecuting agency has no reason to believe that she was actually at work on the day of the offence.

Fourthy - as someone else says its very common, but usually the wife taking the husbands points - so naming a male driver will raise less suspicion.

and "genuine error" doesn't tend to wash in a case of PTCOJ.
You are only required to use "reasonable diligence" to establish who was driving and not go to 'exception lengths'. As there is no statutory duty to keep records it seems perfectly plausible to me that there will be plenty of cases where the wrong driver is identified (through genuine error). Since that possibility exists a PtCoJ prosecution would need to show, beyond reasonable doubt, that this was intentional. Provided he's not done anything silly like posting it on the internet, there is probably no evidence that this was anything other than confusion over the date/time! If the police really wanted to catch the offender they would stick the photos in with the letter!

The OP's "friend" can of course request the pictures before responding but it then becomes "impossible" to lie if they can be identified.

The only way I can see someone getting caught is if it was during normal working hours and the employer are involved in reporting the details, or if they blab to someone (and the Chris Hume example does highlight why you would want to trust someone entirely before risking it)!


 
Posted : 03/10/2011 1:25 pm
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Provided he's not done anything silly like posting it on the internet

😆


 
Posted : 03/10/2011 1:31 pm
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Mrs Toast - Member
If I was the OP's friend, I'd be questioning if I wanted a wife who wanted me to a) take the fall for her own stupidity, and b) wanted me to commit a greater crime than the original offence to do so

They were my main criteria when buying my wife.


 
Posted : 03/10/2011 1:50 pm
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Luckily I'm not married!!!


 
Posted : 03/10/2011 1:57 pm
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You are only required to use "reasonable diligence" to establish who was driving and not go to 'exception lengths'. As there is no statutory duty to keep records it seems perfectly plausible to me that there will be plenty of cases where the wrong driver is identified (through genuine error). Since that possibility exists a PtCoJ prosecution would need to show, beyond reasonable doubt, that this was intentional. Provided he's not done anything silly like posting it on the internet, there is probably no evidence that this was anything other than confusion over the date/time! If the police really wanted to catch the offender they would stick the photos in with the letter!

Not quite true. You have to use reasonable diligence to establish who was driving, however on a personal issue company car its more than likely the person its leased to, or there partner. You would probably be charged with "failure to furnish" which carries a very hefty fine and a conviction code that insurers will batter you for having on your license

Perverting the course of justice is a custodial sentence is it not??


 
Posted : 03/10/2011 2:08 pm
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Its not even that she has 3 previous counts for me, its that she has 3 previous in 3 years.
She's just not caring.


 
Posted : 03/10/2011 2:16 pm
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Not quite true. You have to use reasonable diligence to establish who was driving

[url= http://www.thisislondon.co.uk/news/article-23386016-the-strange-case-of-lord-loophole-and-the-mystery-driver-in-his-speeding-car.do ]Can't you just claim you don't remember?[/url]


 
Posted : 03/10/2011 2:20 pm
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50 limits on motorways almost always average speed cameras? So, over a mile or so she didn't think to get he average speed down a tad - more than likely her indicated speed was above 60 too.


 
Posted : 03/10/2011 2:23 pm
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50 limits on motorways almost always average speed cameras?

No


 
Posted : 03/10/2011 2:33 pm
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This wasn't on the A34/A30 merge at Winchester where it joins the M3 was it?


 
Posted : 03/10/2011 2:43 pm
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Tell him to tell her "i`ll take the points but..........." then start enjoying his new sex slave. 😆


 
Posted : 03/10/2011 2:50 pm
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She is an idiot and clearly can't drive and shouldn't be driving! Once fair enough but that many occasions, her fault if she loses her job, no sympathy.

AS for him taking her points as already stated, does he really want to go to prison? remember you may think that there is a speed camera which MAY NOT catch a picture of her driving. If they start looking into this they will do FAR more than just get the speeding picture! Rememebr in this day and age big brother is watching you, think who police will go and speak to you. And yes the police do a lot of investigations into stuff like this nowadays as it is such a serious offence.

Tell her to MTFU and take the points but attend court with a decent lawyer who can give her frigging sob story and get her a £1000 fine instead. Good luck!!!


 
Posted : 03/10/2011 2:52 pm
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And yes the police do a lot of investigations into stuff like this nowadays as it is such a serious offence.

unless - of course - it's fellow officers that have 'forgot' who was driving


 
Posted : 03/10/2011 2:54 pm
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Uplink, it may have happened in other forces however most forces there are various systems in place to log who is driving when, fob access to car keys etc. Plus there is a department that investigates coppers and I know of many who have been booted/convicted.


 
Posted : 03/10/2011 3:05 pm
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I'm sure it gets reported out of proportion, but we certainly seem to get a lot of 'ducking and diving' by officers around here

http://news.bbc.co.uk/1/hi/england/3151221.stm


 
Posted : 03/10/2011 3:09 pm
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The majority of people on this forum would use a legal loophole to get them out of a speeding charge, not saying it's right or wrong but just pointing it out!!


 
Posted : 03/10/2011 3:13 pm
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[i]The majority of people on this forum would use a legal loophole to get them out of a speeding charge[/i]

how did you establish that?


 
Posted : 03/10/2011 3:13 pm
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Times journo in speeding shock:

http://www.timesonline.co.uk/tol/driving/news/article1870320.ece

What anyone does is their own business (obviously except on STW...) but this is a fairly likely scenario in the event of owning up.


 
Posted : 03/10/2011 3:14 pm
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They make a habit of getting out of it around here

http://news.bbc.co.uk/1/hi/uk/1538370.stm


 
Posted : 03/10/2011 3:24 pm
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Oh come on, that story is over 10 years old! If that is the most recent you can find they are hardly [i]making a habit of it[/i].


 
Posted : 03/10/2011 3:27 pm
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Oh come on, that story is over 10 years old! If that is the most recent you can find they are hardly making a habit of it.

I wasn't really searching, it was linked to the other one

I actually remember it too


 
Posted : 03/10/2011 3:29 pm
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pistonbroke - Member
Re the possibility of not losing your licence due to pleading exceptional hardship. I know from personal experience that exceptional hardship defence will not work unless you can prove the hardship relates to other innocent parties, i.e if your wife's ability to drive is essential to providing care or financial support to others. Simply losing her job if she doesn't have a licence is not sufficient as the hardship will only be to herself.

......it does work and it's at the discretion of the magistrate. My best mate requested a hearing, represented himself after taking advice , has no family or dependants and escaped a ban.That was 4 months ago.

The police will also have alarm bells ringing when they get another "it wasnt me driving" letter from someone who is on 9 points.

Serious criminal offence and cant see that anyone in their right mind would run the risk of a custodial sentance.


 
Posted : 03/10/2011 3:41 pm
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The police will also have alarm bells ringing when they get another "it wasnt me driving" letter from someone who is on 9 points.

Given the enormous amount of penalties issues do you really think the police actually see the returned forms let alone read them?


 
Posted : 03/10/2011 3:58 pm
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Given the enormous amount of penalties issues do you really think the police actually see the returned forms let alone read them?

they have a computer that will highlight such things.


 
Posted : 03/10/2011 4:00 pm
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they have a computer that will highlight such things.

well if the figure of 750,000 people that have swapped points is correct, it could probably do with a reboot


 
Posted : 03/10/2011 4:03 pm
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well if the figure of 750,000 people that have swapped points is correct, it could probably do with a reboot

ether way if he does it i hope he gets busted.


 
Posted : 03/10/2011 4:06 pm
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I hope he gets away with it and is laughing all the way to the bedroom


 
Posted : 03/10/2011 4:09 pm
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