Chins

Just come into work today, to find that a work coleague has been banned for 6 months. He has been done on accumalation.

This guy normally has a que behind him he drives that slow, but some how one of his offences is speeding. One of the others is for letting an uninsured driver drive, and the other for having 3 up in his MG.

He's 57 and stubborn so didnt have a solicitor at court. His offences are stupid, well two of them. This ban does affect his job, and affect how the company I work for operates. His skills are impossible to replace.

Is there anything he can do i.e. appeal ?

Jonathan

robski

Sorry to say this, but from what you have said he deserves it.

robski

Chins

I dont disagree with you. Its just the people that I work that it affects as well.

Jonathan

Orville

Any reasonable solicitor would probably have got him off with a fine. Solicitors may be unscrupulous, extortionate and thoroughly unlikable but never go to court without one in your back pocket.

Not from experience - from jury service.

JoeyDeacon

Have to agree with Orville on this one!

He who represents himself has a fool for a client.

[This message has been edited by JoeyDeacon (edited 12 March 2001).]

Mike Rainbird

Robski,
I think that is a bit harsh - what if it was his mate that said "Yeah, course I'm insured, my policy covers me for any vehicle..." - what do you do?

I would have personally appealed like **** against that one, on the grounds that I made "resonable equiries to ascertain the driver had insurance"

The latter case was asking for trouble mind you - I mean owning an MG is crime in itself...

Chins,
If this has only just happened, get onto a good solicitor (one who specialises in motor claims) straight away, he may not be able to quash the ban, but he may be able to reduce its length on appeal. Do this NOW, as I believe there is a time limit on when you can appeal....
Best regards
Mike R

Jerome

You can avoid a ban for totting up. As long as you can prove that you will undergo undue hardship if you lose your licence. Losing your job would probably do. You can only do this once in a three year period though. Instead of a ban you get a huge fine and possibly points as well. A mate of mine had 16 points once and still had his licence.

Jerome.

GaryC

If in the North West, I know a very good solicitor who has kept a 22b owner on the road with 18 points If anyone can help, he can

mutant_matt

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:<HR>Originally posted by Jerome:
<B>You can avoid a ban for totting up. As long as you can prove that you will undergo undue hardship if you lose your licence. Losing your job would probably do.[/quote]

But I know of very few people who get away with this. I've known loads of people whoose job depended on having a license (Dispatch riders for example) and most have still got a 6 month totting up ban (and therefore lost thier jobs)

He *may* get to keep his license *if* he is really lucky and gets a really good solicitor.

Matt.

Jerome

Matt, you're right. It is not automatic that you keep you licence if you this means you lose your job. It depends on many variables, including luck.

Jerome.

boomer

Six months does seem a bit steep

Get your colleague to see a solicitor!

mb

Dave P

yeah that letting someone drive your car without insurance is a bit scarey...

my mother in law very occasionally drives my station banger on the basis that she is insured third party under my father in laws policy.

I am convinced she is not and that is only my father in law that is insured third party. I have vigourously told them both this and that in my opinion she is driving uninsured and at her own risk. I never in a million years thought I could pick up points for this.

If this is the case I will not let her use it again until I have read the policy.

Dave

MorayMackenzie

Chins,

Were all these charges made as the result of one stop? If so, I'd be interested to know which two of the offences you consider "silly"? Driving uninsured, or allowing someone to drive your vehicle whilst uninsured is serious, IMHO. The carrying unsecured passengers and speeding offences would seem to reinforce each-other in terms of severity _if_ they were committed simultaneously.


Dave P,

If your mother-in-law had an accident whilst driving your car uninsured, would it be ok as long as you weren't prosecuted? If you suspect that she isn't insured, you mustn't risk letting her drive. You could try arguing that she told you she was insured, but the law does not allow ignorance as a defence.

Moray

Chins

Moray

I didnt say Silly, but Stupid. Three up in an MG at kicking out time at a Pub, and letting this other guy that he knew wasnt insured drive his car.

The Speeding tickets were seperate to this. He one of the 40mph drivers everywhere.

In 40 years of driving no offenses at all, then these in two years.

He's too stubborn even now to go and talk to a solicitor.

Jonathan

MorayMackenzie

You're right, you did say "stupid", sorry.

My actual point, however, still stands. Driving uninsured is bad. Speeding in an overloaded car would be potentialy more damaging than either driving an overloaded car (not good) or speeding (assuming we are talking about a similar "level" of speeding).

Moray

[This message has been edited by MorayMackenzie (edited 14 March 2001).]

Chins

He wasnt speeding when he was stopped for an overloaded car. He did get rid of the MG though for something with a few more seats.

Jonathan