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Original poster

Any magistrates around? Quick question about driving ban/appeal?

22 replies

sherby · 10/07/2009 20:49

My friend is a taxi driver and had 9 points on his licence.

Went to court today for parking on those zig zag lines outside a school whilst he went into the shop

Anyhow he got given a 6 month ban today as he got 3 pts which took him upto 12 (this is all second hand so not quite sure about the details)

BUT 6 of his points are due to come off his licence in 2 days! Taxi driving is obviously his living and he is buggered without it.

What do you think his chances would be at an appeal? He just thought he would get a fine so didn't have any legal rep or anything

Thanks

OP posts:
nigglewiggle · 10/07/2009 20:52

No sympathy here sorry. Dealt with fatal accidents caused by idiots drivers parking on the approach to crossings. Let him worry about it.

Not a Magistrate BTW.

Original poster
sherby · 10/07/2009 20:54

Yes I completely get your pov. And I don't have much sympathy myself for him myself!

OP posts:
LaurieFairyCake · 10/07/2009 20:57

Hopefully they will listen and not ban him since they were due to come off - he has a good case seeing as it's his living.

Think of the odds, if ordinary people occasionally drift over the limit (dh has 3 points for doing 35 in a 30) then someone who drives all day, every day would have to be terribly vigilant ALL the time not to get points.

hf128219 · 10/07/2009 20:57

I don't think the op was looking for sympathy

Original poster
sherby · 10/07/2009 20:59

Mag said that as he drives for a living he should know better and that was his main reason for the ban

OP posts:
nigglewiggle · 10/07/2009 21:01

Maybe not, but is looking for help to get him off, same thing.

hf128219 · 10/07/2009 21:05

No, not the same thing. Not in a court of law.

Original poster
sherby · 10/07/2009 21:05

not looking for help to get him off, looking to see what his chances at getting off on appeal might be

slight difference

OP posts:
nigglewiggle · 10/07/2009 21:24
Hmm
Original poster
sherby · 10/07/2009 21:32

Hmm Hmm

OP posts:
nigglewiggle · 10/07/2009 21:36

Sherby, I see you are trying to help a friend and that is a good thing, but in the circumstances.... he parked on zig zags (very dangerous) knowing that he would be banned if he got caught, to go to a shop . Let him tackle it and don't justify his actions.

SalVolatile · 10/07/2009 21:46

Am a magistrate - 3 points were legal minimum today, so ban was legal today. If he appeals, (and he risks having to pay all costs) then the appeal judge may take a view but I believe that in law he has little chance as the 12 point maximum was reached the day he got the ban and the 6 months is a minimum for totting. Tbh, I agree with the magistrates earlier today; if you drive for a living then you are very stupid to deliberately flout the law.

hf128219 · 10/07/2009 22:09
Hmm
BecauseImWorthIt · 10/07/2009 22:14

I can never understand people who try to put forward the defense that as they need their cars for their living they should be shown some lenience.

If you drive for your living, you have a duty to be even more vigilant about the way in which you drive.

Sorry sherby, but a taxi driver should definitely know that parking on a zig zag line is a real no no.

HecatesTwopenceworth · 10/07/2009 22:16

perhaps a ban will teach him a lesson that the other NINE points on his licence didn't.

BecauseImWorthIt · 10/07/2009 22:18

Quite, hecate

trixymalixy · 10/07/2009 22:25

Why is it that taxi drivers seem to think that they are above the law?

Sorry about your friend Sherby, but it always seems to be taxi drivers that stop wherever they feel like it, do illegal u-turns and just generally ignore the law.

Sidge · 10/07/2009 22:29

If he carries people for hire then it's probably best that he has been banned - racking up 9 points and then being stupid enough to park illegally wouldn't fill me with confidence if he was driving me or my children around.

Sorry sherby, he may be your friend and I can see you're trying to help him but he needs to wake up and smell the coffee. If he wants to drive for a living he needs to get his act together.

midlandsmumof4 · 11/07/2009 00:55

Yep-I would be concerned that a taxi driver has 9 points. Serves him right about the extra three & the ban. Maybe he should think about a change of job .

nannyL · 11/07/2009 08:58

I agree with the others

the law says that if you have 12 points within 3 years then you get banned. He got 12 points within 3 years so why should he not be banned?

(the law does not say 12 points within 2 years 11 months, or in 1090 days etc)

Original poster
sherby · 16/07/2009 20:10

Just spoke with my friend again, he didn't even get out of the car, he stopped to drop his fare off as she was insisting she wanted to get out of the car because she had seen her friend

OP posts:
SalVolatile · 17/07/2009 20:55

Sorry Sherby, the offence is stopping on the lines, not parking on them. Your friend took a chance, and it didn't come off, that;s all.

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