Driving without due care and attention

[R6 Wilson]

Bit confused here and would like some advice as to whether I'm 110% f*cked or just 99% f*cked

Got my provisional when I was 16, I'm now 21
Got my full bike licence (restricted 33bhp) in Nov 2010

Got 3 points for LC20 (Passenger while on L plates) before I got my full licence

Today got pulled for accelerating to what the cop described at 80-90 in a 30 on my way to work, got told what you would expect me to get told along with the fact that I'm being reported for driving without due care and attention. (I'm sure he said 'danger driving without..) or he may have said dangerous driving AND driving without.. (HELP?)

Got told I'm looking at 4-6 points if not a ban, it's on video and I can go to court or plea by post

Obviously I haven't had my FULL licence for 2 years, so does 6 points still equal an instant ban if I got the 3 on my provisional?

It's on camera, but do undercover cop car cameras have the ability to judge my speed? It's obvious I was going fast but will they have any kind of speed camera facility thing?


I know I'm going to get bent over and shafted, doesn't worry me too much as I'm moving to Uni in a few months and am going to be training it everywhere anyway, but obviously I wouldn't mind keeping my licence

I've been told if I plea guilty in court, show remorse and beg my arse off that there's a chance I'll be allowed to keep it, especially if I explain how if I lose my licence I won't be able to get to Uni/work/will have to drop out, that they may have some kind of leniency?

I feel the need to explain that although it was incredibly speed to go dangerous, I wasn't putting anyone but myself at risk and realistically it wasn't at all that dangerous (bone dry, straight road, clear view, coast clear..)

Please take a moment to laugh at my misfortune and give me any advice you feel may be relevant
____________________
♥ YZF-R6 '05 ♥
Time is money so I stay late

[CaNsA]

Near enough the exact same thing happened to me.

Did the copper give you a ticket there and then?
Did you sign it?
Or did you say you wanted to goto court?

[Slacker24seve...]

[lllN30lll]

Best thing to do is...... Don't speed in a 30

TBH I think they'll gauge your speed by measuring the white lines on the road mate and how quickly you pass over a set amount of them.
____________________
Turbo R1
CRF450R

[Kickstart]

Hi

Yes the 3 points from your provisional counts towards the 6 point limit for your full licence being revoked. Assuming the 3 points is still current.

As far as I know the courts don't have the power to avoid your licence being revoked if the points add up. They could give you less points so you stayed under 6 but this is highly unlikely.

All the best

Keith
____________________
Traxpics, track day and racing photographs - Bimota Forum - Bike performance / thrust graphs for choosing gearing

[JP7]

Dangerous driving is a minimum year's ban, and a charge of dangerous driving has to be authorised by CPS, so I don't think you'd get that. If it goes as far as court, it will probably be a due care offence.

If you reach 6 points during your first two years, you will revert to provisional. It's not a ban as such, as you can get your licence back if you retake your theory and practical tests (unless the courts impose a specific ban on you.)

It depends how long the cops followed you, they may have been able to get your speed, but their speed reading will be the average over a certain distance.

I wouldn't suggest pleading by post, go to court and give them the "exceptional hardship" plea if you will really struggle getting to work/uni/family, etc. They may be lenient, you never know.

[CaNsA]

If he has accepted a PNC the courts have no power regarding the new drivers act.

The courts will say "we will not revoke your licence, we will not ban you"
You will ride for a week thinking "beasty, fought and i won" then a letter will drop in from the DVLA saying your licence has been revoked under the new drivers act.

[T.C]

Firstly a traffic cop, whether in a marked vehicle or unmarked is allowed to give expert evidence of opinion in respect of speed without having recorded the speed without a calibrated and approved device.

As has been mentioned many times before, there is no requirement to record anything on camera that is a myth invented by those looking for a get out of jail card, the bottom line is if he thinks your speed was excessive, then he is allowed to give an opinion as to what speed he thinks you may have been doing.

You will have been reported for Dangerous and Careless driving.

You will always be reported for the more serious offence as well as the lesser offence because when the evidence is reviewed, if it is felt that your riding was of a standard that warranted the more serious, they would have to come back to see you and interview and report you all over again.

The reality is that you will probably be summonsed just for the careless driving.

To prove careless driving, the prosecution have to establish that your standard of riding fell below that of a reasonably safe and competent rider, and this is where the video evidence will be used to show that you were not riding to a reasonable standard.

Careless driving carries various possible penalties, of which points and/or disqualification are just a couple.

If you believe that you are innocent of having committed any offences, then when the summons arrives through the post (which could be anytime in the next 6 months or so) plead not guilty and go and argue your case.

However, if found guilty, be prepared to receive a heavier penalty.
____________________
It is better to arrive 30 seconds late in this world, than 30 years early in the next

[CaNsA]

[Hetzer]

[JP7]

[WannaBeDude]

So you label him a pedo one month, and now instead of LOL and he deserves it, you can't help yourself but have another anti - destablishment pop.
____________________
Jogging on, destination living.

[T.C]

[J.M.]

Is riding at speed enough on its own to cause a "Driving without Due Care and Attention"?

I wouldn't have thought it would be; but I do admit to knowing nothing when it comes to the law.
____________________
2004 R1 & 2018 XSR900

[CaNsA]

[Hetzer]

[Fowlersrs]

Hetzer

I honestly can't believe your trying to defend this idiot. I mean seriously, the guy has barely had his licence 5 minutes and he's doing more than motorway speeds in a 30, it's just plain ridiculous and deserves making an example of. Are you telling me if you witnessed this sort of behaviour whilst going about ur delay business you would find it acceptable? If so your more naive than the OP

[jonna]

Don't ride like a tit. 80 in a 30 are you completely retarded?

[Englishman]

[Hetzer]

[lihp]

[Rogerborg]

https://i49.tinypic.com/1pi3wg.jpg

Can you provide a Google maps link so that we know high a horse we need to fetch in order to berate you properly?
____________________
Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike

[T0MMY]

[Vincent]

80 in a 30 makes you an arch criminal and public enemy number one, you may as well have raped a 10 year old blind girl. If you want to get away with something, pick a crime the police are scared to tackle and not something they can handle from the comfort of their Panda car with a camera.
____________________
Space Is Deep

[WannaBeDude]

3 times the speed limit, like doing 210 on the motorway, tad dangerous ??
____________________
Jogging on, destination living.