What do you think the courts will throw at my friend?

Posted by: Tony Lockhart on 16 October 2008

He's due in court for sentencing at 2pm today.

Dangerous driving (crossing a solid white line while over-taking an unmarked car, in Wales) with 12 points already on his UK licence, if he ever gets one (he has been using his Zimbabwean licence) with 6 points for Careless Driving and 2x 3 points for speeding.

Yep, he realises he's been a complete plonker and doesn't need any 'moral high-ground' speeches from anyone.

So, what do you think he'll get? No prizes for closest!



Tony
Posted on: 16 October 2008 by cider glider
Deported?
Posted on: 16 October 2008 by Nigel Cavendish
Depends on many factors e.g. pleaded guilty or convicted on not guilty plea; magistrates court or higher court; degree of seriousness; aggravating factors...


My guess: minimum 6-month ban and £1000 fine.
Posted on: 16 October 2008 by Jono 13
A pair of shoes!

Unless his boss says he will have to make some staff redundant if your friend cannot drive as part of his work, then he is stuffed.

Jono
Posted on: 16 October 2008 by 151
hopefully he will get banned before he kills someone,hes already got 12 points and still hasn't learnt.
Posted on: 16 October 2008 by jon h
quote:
Originally posted by Tony Lockhart:
(he has been using his Zimbabwean licence)


For how long?
Posted on: 16 October 2008 by Tony Lockhart
quote:
Originally posted by jon honeyball:
quote:
Originally posted by Tony Lockhart:
(he has been using his Zimbabwean licence)


For how long?


For faaar too long. To be fair, he has been back to Zim a few times, so he has been just about legal. He has a British passport. He has pleaded guilty, with mitigating circumstances. The minimum ban for dangerous driving is one year. He has been warned he could receive a custodial sentence.

I agree with most comments. I used to share a beer with him when he 'only' had nine points. He thought the world was against him, but managed to go two years without getting stopped/caught.

Tony
Posted on: 16 October 2008 by jon h
So he is resident here?

"Residents

If you are the holder of an ordinary driving licence (car, moped, motorcycle entitlement) and provided your licence remains valid, you can drive any category of small vehicle shown on your licence for up to 12 months from the time you became resident. To ensure continuous driving entitlement a provisional GB licence must have been obtained and a driving test(s) passed before the 12-month period elapses. If you obtain a provisional licence during this period, you are not subject to provisional licence conditions eg displaying 'L' plates or being supervised by a qualified driver or being precluded from motorways."

http://www.direct.gov.uk/en/Motoring/DriverLicensing/Dr...gnLicence/DG_4022561
Posted on: 16 October 2008 by Tony Lockhart
I'll not make a guess at his status of residence. I think it might be small potatoes next to the driving charge.

If he stays in the UK after this, I think he'll have to take an extended test to gain his UK licence.

It's a shame, because apart from his driving he really is a nice guy. He was our safari guide in Zambia, he has done some brave things for charity, he is always there to help. But he can't get out of the African driving mode.

Tony
Posted on: 16 October 2008 by 555
Unless 'being a nice guy' is a valid defence in court I imagine this will be thrown at him ...

Posted on: 16 October 2008 by djftw
On a guilty plea he is likely to get a very lengthy ban and a hefty fine, how long and how much will most likely depend on how mitigating his circumstances are. Let us know what happens.
Posted on: 16 October 2008 by naim_nymph
All things considered... i think he should be awarded a bicycle, and a pair of cycle clips!

nymph
Posted on: 16 October 2008 by Don Atkinson
OK just a guess

£1,000 fine and a 12-month ban

Cheers

Don
Posted on: 16 October 2008 by Tony Lockhart
The judge was late and the previous case over-ran. So he has to go back tomorrow. That'll be nice!

Tony
Posted on: 17 October 2008 by Jono 13
quote:
Originally posted by Tony Lockhart:
The judge was late and the previous case over-ran. So he has to go back tomorrow. That'll be nice!

Tony


Does that mean he can be late in paying?

Jono
Posted on: 17 October 2008 by Tony Lockhart
He's in at 2pm today.

Tick tick tick....

Tony
Posted on: 17 October 2008 by Phil Cork
I'd expect he'll get a number of points and a fine for dangerous driving, the number of points is likely to be 6 i'd expect, and the fine is likely to be means tested, so will vary according to his affluence (or lack of it!).

Of course, the 6 will push him over the edge, so he'll lose his licence under the 'totting up' process:

(from http://www.direct.gov.uk/en/Motoring/DriverLicensing/En...ications/DG_069887):

"Disqualification under the ‘totting-up’ system
If you build up 12 or more penalty points within a period of three years, you’ll be liable to be disqualified under the 'totting-up' system.

Generally, you can be disqualified from driving for:

six months if you get 12 penalty points or more within three years
12 months if you get a second disqualification within three years
two years if you get a third disqualification"

Of course, if he already has 12 points then he already should have lost his licence!! So he may have been driving whilst disqualified, which could be more serious...

Phil
Posted on: 17 October 2008 by Tony Lockhart
Here we go:

2 year ban
200 hours community service
12 month supervision
£800 fine.

Tony
Posted on: 17 October 2008 by markah
quote:
Originally posted by Tony Lockhart:
Here we go:

2 year ban
200 hours community service
12 month supervision
£800 fine.

Tony

Not enough. Personally I would have shot him before he killed someone else. (Rhetoric). He has obviously never learnt from his previous convictions.
Why do we put up with dickheads like that? Sorry Tony, I know you didn't want the moral high ground but his behaviour is disgraceful.

Mark
Posted on: 18 October 2008 by 555
Sheriff 555

"Nice Guy, you are hereby sentenced to have your testicles removed without anaesthetic"
Posted on: 18 October 2008 by Major-Tom
......with a rusty chisel !
Posted on: 18 October 2008 by Tony Lockhart
And yet I happened to see one of those police chase programmes the other day and: a nutter trying to lose the police in a stolen car for over two hours, colides with several parked cars, tries to resist arrest. One year ban. For an adrenaline junkie almost worth it! Perhaps his dad was a mason.

Tony
Posted on: 18 October 2008 by Major-Tom
Or perhaps there are insuficcient deterents in place to disuade lunatic drivers of any persuasion. Nice guy or chav, the consequences are potentially the same.

MT
Posted on: 18 October 2008 by Don Atkinson
quote:
One year ban. For an adrenaline junkie almost worth it! Perhaps his dad was a mason.

Its our pathetic system. He should have got 2 years inside and a 5 year driving ban.

Don't know whether that would have made your mate feel any better though.

cheers

Don
Posted on: 25 October 2008 by Howlinhounddog
Just wait 'till he gets caught riding his bike with no lights Eek
Posted on: 25 October 2008 by Tony Lockhart
His probation officer says that his punishment was too harsh and he should appeal! FFS.

Tony