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PostPosted: Tue Oct 25, 2011 23:12 
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I received an NIP 3days after I was "caught" by a mobile camera, doing 91mph on a motorway with a 70mph limit, ran by the Central Scotland Safety Camera Partnership.

I viewed the video, and it (regrettably) is clearly me.

I currently have a CU80 (mobile phone) from 21/11/2008 for which I got 3 points, as well as a SP30 (44 in a 30 zone) from 04/06/09, for which I received another 3 points

( I also had 3 from a TS10 (red-light) from June 2005 )

My question is what do you think I could expect as a conviction (especially from this police force?)

Would it be £60 (or more) and 3 points?

Would it be more than 5 points, leading to a 3month/6month ban, under the "topping up" rule?

Could I plead an "exceptional hardship" defence if this went to court, as I am a field based engineer, and if I lose my licence, I lose my job - and then that would basically lead to me losing my (and that of my family - partner & 2 kids) house?


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PostPosted: Wed Oct 26, 2011 00:51 
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91 in a 70 is 3 points and the nominal 'admin' fee (60-75 pounds). For this, you certainly will be convicted.

Your points will be valid for your CU80 and SP30; your TS10 has long expired.
Points are 'active' (meaning they count towards totting up) on your licence for 3 years. They will remain on your licence for 4 years (so 'passive' for 1 year afterwards); you have to declare to your insurers for 5 years.
So at worst you will have 9 'active' points on your licence, until 21/11/2011.
Hence after 21/11/2011 there will be only 6 active points on your licence.
Drivers face losing their licence when there are 12 active points on their licence.

So as long as you don't get any more points in the next 4 weeks, you shouldn't face a ban.
Your insurance premium will rise somewhat.

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PostPosted: Wed Oct 26, 2011 00:56 
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:welcome: EchoOfAngels

I agree with Steve on all the points that he has clarified.

As you have the video (increasingly harder to obtain) can you tell if you have all the frames ? Do you think that the speed measured is approx. correct at the time of the incident ?

EchoOfAngels wrote:
Could I plead an "exceptional hardship" defence if this went to court, as I am a field based engineer, and if I lose my licence, I lose my job - and then that would basically lead to me losing my (and that of my family - partner & 2 kids) house?

Hardship cases have to show that you are going to lose the ability to provide for your family (which in your case it looks like it would) along with the loss of your livelihood.
(edited)

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PostPosted: Wed Oct 26, 2011 09:23 
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Hi Guys

Thanks for the quick (as well as optimistic) replies to my posting.

All the frames were on the video, and the speed indicated is (regretably) correct...

I've never been a boy racer, but since I got the NIP thru I've never been above the limit - and at the most, 5mph below it - much to the annoyance of my fellow drivers lol - One thing I've noticed whilst doing this, is the amount of fuel I've saved (tho it has to be said, if the worst comes to the worst, I'll be saving a lot more fuel, if I get a 3month ban :o )

cheers folks

Graeme


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PostPosted: Wed Oct 26, 2011 10:48 
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Poor chap! Least you won't be losing your licence. I sympathise with 91 in a 70. Think that depends on the force and who records it. There was a thing on TV not so long ago where they were ;letting most people in that region off and went after some boy racer doing 110. The phone less so - if you didn't see the coppers, are you sure it wasn't imparing your concentration? :lol:


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PostPosted: Wed Oct 26, 2011 10:58 
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DoktorMandrake wrote:
The phone less so - if you didn't see the coppers, are you sure it wasn't imparing your concentration? :lol:


LOL - its now , not so much of a mobile phone, as a piece of plastic and metal that lives in the glove box - just WAY too tempting to read texts or answer calls...


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PostPosted: Thu Oct 27, 2011 00:36 
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When I drove a lot it was hard not to check it. And I did occasionally use it but only when it was safe to do so and when there were no police about. :lol:

I imagine you can get done for texting at traffic lights but I used to do that a lot, dashing the phone down the minute they changed. The beauty of a bike is the time really is your own. It is actually a pleasure to be physically unable to check your phone. I have tried a blu tooth headset once on a bike and whilst I could hear them all the caller got was white noise of the wind bouncing off the mic at feck knows what speed. :D


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PostPosted: Thu Oct 27, 2011 09:25 
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It is quite common that after an offense one stays rigidly within the legal position for some time after to ensure preservation of one's license. However as the enforcement may often fail (in it's general objective) to teach or educate the point that it was trying to make little or nothing has been truly achieved for road safety.
So one then travels with the pure objective to retain the preservation of one's licence, than to the preservation of damage toward people or property.
Whilst it is good that you are not tempted to be distracted by your phone, do you do so, because of fear of prosecution & loss of licence, or the full recognition of the lesser ability to concentrate on your driving, and the lack of ability to have observed the police / camera in the first place?
It is the lack of proper education by over enforcement of regulations that may turn people away from any interest gained in bettering their skills, abilities and knowledge, so little is truly achieved other than the paranoia that is created, and a fear of prosecution from any mistake.

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