183sash said:
has anyone got to 12 points on their licence but has still (legally) been able to continue driving - my mate was stopped yesterday on the way to the match , he's a taxi driver and already on 9 points so he's a bit worried - not condoning what he's done but has any one got any advice to help him?
he can claim something called "extreme hardship" during mitigated circumstances....if he gets a letter from his boss or even better works for himself, then he basically claims that this would lead to him losing his house, etc.....if his wife doesnt work and he is the sole breadwinner, this also goes in his favour
i know someone who was still driving with 16 points on their license (nudge nudge)
if it was a fixed camera then the chances are very limited in challenging the conviction...other than something which may happen in the future (see below*)
if it is a mobile site, then usually the police use something called the "LTI 20/20", more commonly known as the dodgyscope to some of us....usually when you technically challenge the radar gun in court, the cps use a specialist witness to disprove your theories...this witness is the manufacturer of the radar gun, therefore he isnt going to side with you
recently, in a court case, the defense lawyer picked up the radar gun and pointed it at the wall....astonishingly, the gun gave a reading of 2mph....he then moved his hand slightly whilst targeting the wall again and to his amazement the wall had clocked an overall speed of 9mph...the manufacturer argued that the initial 2mph was a tolerance built into the gun to make it more accurate :S :S :S
however, he couldnt explain the wall showing an additional 8mph....this was argued by the defense that if the officer first zaps you on the windscreen and records a distance, then on the second zap, the officers arm was slightly lower and he zapped you on your bonnet/reg plate, then this increased distance (windscreen to bonnet) would record false readings....you will find most mobile sites now are fixed on trpods at side of road or in vans.....just to stop this defense claim
also*.....at present there are a number of UK drivers pursuing appeals in the european courts of human rights...now some may laugh.....but hear me out!!
if i murdered, robbed, raped....i would be read my rights before i was asked for any statements...i would also have the right to remain silent for fear of incrimination.....dont forget......they have to prove guilt...although in reality it is really the accused having to prove innocence
why is it then i can go 5mph over a speed limit (you are ALLOWED 10% + 2MPH btw) and i am given no rights what so ever...i am expected to give a statement that incriminates me or others and if i dont, then i will be gulity of a totally seperate offence of failing to give information....ALL THIS WITH NO RIGHTS
this is currently being appealed in europe...and if it sets a legal precedent then we will see a police officer having to travel to my house and read me my rights before i admit to the offence....now i work in scotland.....devon....london...wales....so imagine the amount of travelling...and times this by 4000 speeding tickets a day and sooner or later the system will grind to an halt
this may not be of help to you, albeit the extreme hardship may be....but knowledge is power and its good to know that these gatso squads are not going to get it all their own way