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DH facing driving ban due to speeding- any ideas on wait times?

93 replies

Xtraincome · 24/06/2022 13:55

Hoping someone can help who has experience as I am struggling to find answer online.

DH will accrue 12 points on licence due to speeding. I am fuming as we are moving house- that's a separate thread for another time.

The letter was issued yesterday about his speeding, how long from now until they can take his driving licence off him? Roughly?

Any help is greatly appreciated 🙏

OP posts:
WhereIsVillanelleWhenNeeded · 24/06/2022 22:39

LollipopViolet · 24/06/2022 21:31

Police have 6 months to bring the prosecution, then there's an initial letter advising it's going to court, then a hearing depending on how it's dealt with. Usually with disqualification they notify you there's the possibility and give the opportunity to explain the impact a ban would have on you.

So could take a while. Oh, and the same process for driving without insurance, which he won't have, should he choose not to declare points and any ban. Hopefully he makes sensible choices going forward.

Whilst this is correct some police forces don’t check the number of points accrued and sometimes offers a fixed penalty in which case there wouldn’t be an automatic ban. What should happen is it is booked into court for him to attend because of the amount of points totted up as they would be looking at disqualification. Would losing his license cause exceptional hardship? Btw exceptional hardship can only be used once.

bloodyunicorns · 24/06/2022 23:03

You have to declare any speeding ticket, any fine, any other convictions. He can't lie.

Namechangehereandnow · 24/06/2022 23:04

uhtredsonofuhtred1 · 24/06/2022 20:14

I know. In real life responses would be different. I often think Mumsnet is a totally different world Confused

I had 6 points for speeding when I hadn't had my license very long, totally my fault. No excuses other than a man died in my arms that morning and just wanted to get home. Again, not an excuse just explanation.

Got another 8 points for driving with no insurance after a traffic police officer giving me the wrong information and told me the week before that under the circumstances I told him that I could drive my car. He stood up on oath in court and denied ever speaking to me.

So I pleaded exceptional caring responsibilities and the judge let me keep my license with 14 points on it for 2 years.

Out of curiosity, what did the traffic officer tell you/what were the circumstances that you thought you could drive uninsured? Confused

Interested in this thread?

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QuebecBagnet · 24/06/2022 23:07

How is he going to manage while banned? Can he get to work, etc Or will he want you to be his chauffeur?

a neighbour got banned for a year and had to cycle to work every day. 17 mile round trip.

Spohn · 24/06/2022 23:18

Yuck, that’s proper scum behaviour. A relentless offender who won’t cease putting peoples lives at risk-repulsive of him to choose that. And he’s hoping to commit fraud in future, too? 🤢 what a catch! £1000s of family money will be spent on getting the offender insurance in the future, if he feels entitled to be behind the wheel again.

Spohn · 24/06/2022 23:24

Anyone trying to minimise repeat offending-would you be happy enough if this bloke mowed you down? Your kid?

TheTeenageYears · 24/06/2022 23:31

He does not want to risk having insurance cancelled, he needs to inform his insurance company immediately (very likely to be the terms of his insurance to do so). Points are removed after 4 or 5 years but the question always asked of "have you ever had insurance cancelled or special terms imposed" NEVER GOES AWAY. It has to be declared forever. All licence details are online now so insurers can see drivers records and insurance companies swop information so changing insurers and not declaring is possibly very short term gain for very very long term pain.

Imknackeredzzz · 24/06/2022 23:36

Ugh what a moron. Why do women stay married to such idiots

Xtraincome · 24/06/2022 23:36

DH is just clutching at straws, he isn't trying to commit fraud right this second, it's just he is convinced he gets a clean record after his license is returned to him- he now understands this isnt true and has made him see it all differently. He is much more level headed this evening and can see the woods for the trees.

He will most likely get the ban. Work will be fine as we are moving closer to his work. A bus, carpool or bike will get him where he needs to be each day.

OP posts:
Spohn · 25/06/2022 01:32

Cool. Enjoy being legally shackled to a fuckin nob. He can play with toy cars instead of inflicting himself on society.

Rainbowqueeen · 25/06/2022 01:45

Even if he doesn’t speed with your DC in the car his actions are still having a profound impact upon their lives. There’s the financial aspect and the stress it is causing you. The example he is setting.

As well as the risk he may hurt himself or others and be injured or jailed. He’s a fool for thinking he is a good dad because he doesn’t do it with the kids in the car. Isn’t he embarrassed for caring so little about his family??

whatdodos · 25/06/2022 01:45

Encourage him to surrender it rather than waiting to have it revoked, it will make it so much easier and quicker for him when his ban is up as he will be able to drive under s88 while waiting for his licence to come. I learnt this the hard way when diagnosed with epilepsy. I informed the DVLA and stopped driving immediately but because I didn't send the physical licence I now have to wait until they've processed my whole application which is taking months even though I've been seizure free well over a year. Also yes your husband is a very silly sausage (that's putting it nicely).

whatdodos · 25/06/2022 01:55

Although to be honest I think it needs more than a big fine and a ban, he needs something to really help change his mindset about I and something that will honestly get through to him to make sure he changes his habits

Tiani4 · 25/06/2022 04:48

That's good that DH is listening @Xtraincome

He can't put his head in the sand in this one
He should have notified his insurance company of previous points

He will have to take the consequences

One if the biggest causes of prison time for otherwise usually law abiding people is motoring offences where they have caused accidents by drunk driving or reckless driving which includes speeding. A car is a lethal weapon. He risks everyone's lives by his constant ignorance of road safety and speeding. There's a big difference between one accidental going over speeding limit by a bit involving 3 points (& then being forever more careful or doing a drivers speeding education course) to a constant repeated offender which your DH is.

He can't hide from it or pretend it's not happening as it is.

He is lucky he hasn't injured anyone so far, or crashed into other cars or property- because that would likely put him in prison ^^ with his record of speeding offences. They are offences and your DH can't see that!!

It does sound like he deserves a driving ban. He is simply not safe driving and he isn't learning.

Logoplanter · 25/06/2022 05:19

OP, your husband is partly right in relation to his points being removed from his licence.

When someone is disqualified for "totting" (accumulating 12 or more points on your licence within a 3 year period) the totting disqualification removes the points so when he can apply for his licence back (it has to be returned to the DVLA) the points are removed so he finishes his ban with a clean licence. Essentially he starts again, has a clean slate and won't get another disqualification for totting unless he gets another 12 points on his licence. However, the record of those points remain on his licence so insurance companies and the court/police know his record.

He needs to be aware the minimum ban for totting is 6 months. Can be longer if he's had previous disqualifications or the court thinks it's appropriate. He will get the chance to put forward an exceptional hardship argument but the clue is in the name. He or someone else has to suffer exceptional hardship if he loses his licence. It's exceptional, not inconvenience or making things a bit tricky not to have a license.

Good luck OP.

ivykaty44 · 25/06/2022 06:53

in reality it’s a few speeding tickets. Not a big deal,

perhaps there are many of us on mn who it has been a big deal, changed our life’s & left a lasting effect. Chances are unfortunately high

balalake · 25/06/2022 07:36

How long it will be before it comes to court I don't know, but there is a backlog and cases are taking longer than usual.

I'm glad to read you view it more seriously than he seems to do so. It is not nice being married to a criminal.

wibblewobbleball · 25/06/2022 07:39

Honestly get a good solicitor and he will likely not lose his licence as they will appeal under exceptional circumstances. He will get a fine and a two week ban.

girlmom21 · 25/06/2022 07:39

wibblewobbleball · 25/06/2022 07:39

Honestly get a good solicitor and he will likely not lose his licence as they will appeal under exceptional circumstances. He will get a fine and a two week ban.

What exceptional circumstances?

Xtraincome · 25/06/2022 09:22

Morning,

I do appreciate PPs in their angry and, at times, hugely insulting replies, as I know speeding and accidents/damage/loss to life go hand in hand.

Me and DH spoke last night about why his driving is such a continuing weakness and why he still drives like a single man with no consideration for us. We spoke about his families form for reckless behaviour- very much a pattern - and I suggested, as he is feeling depressed about it all- (he truly hates himself) it's time for long overdue counselling/support so he can start fulfilling his life in other ways. He avoids trying new things for himself as is hugely afraid of failure. He is adventurous with us as a family but when it's just him he can't motivate or goal set. He considers himself uninteresting, which makes me extremely sad for him as he is anything but. We are changing his mindset from last night @whatdodos fingers crossed.

OP posts:
Spohn · 25/06/2022 10:20

Not sure any of that psychoanalysis of the repeat offender justifies his choices though. Like, at all.

balalake · 25/06/2022 10:29

He should not have been speeding when driving as a single man. If he has psychological issues or other mental health issues, then until these are fixed, he should be seeking to reduce the possibility of harm to others by not driving.

RampantIvy · 25/06/2022 10:31

Has he been on any speed awareness courses? I know he won't be offered one for 12 points, but both DH and I have done them, and the way they are presented really does get you to think about the way you drive.

Rotherweird · 25/06/2022 10:45

Sounds like this might be a bit of a turning point for him, OP. It sounds like he’s starting to listen and acknowledge that he has a problem. Hope he can get some help and get to the bottom of it. Lord knows none of us are perfect, and I’ve certainly done plenty of things I regret. Fingers crossed for both of you.

Namechangehereandnow · 25/06/2022 10:55

wibblewobbleball · 25/06/2022 07:39

Honestly get a good solicitor and he will likely not lose his licence as they will appeal under exceptional circumstances. He will get a fine and a two week ban.

You honestly think a 2 week ban is ok??? You truly believe this repeat offender in something which could have catastrophic consequences should benefit from only a 2 week ban???

In mumsnet words ‘give your head a wobble’. 🙄