Omega Owners Forum
Chat Area => General Discussion Area => Topic started by: Sir Tigger KC on 27 February 2018, 21:25:04
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A mate of mine has a crazy Ex and she got a 4 year ban, 2 years ago after crashing her car when 5 times over the limit. ::)
She's told him today that she's been to court and they've given her her licence back as she needs the car as she has 5 month old twins, she's turned her life around and gone back to Uni etc etc
Is this likely? Sounds like BS to me and knowing her it probably is! ::) My mate is obviously worried that she's driving around illegally with his kids in the car....
If she did go to court, are the records in the public domain? ???
TIA! :y
EDIT: Bit more info. It's her 2nd ban and she got 200 hours community service, which she didn't do. ::)
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Entwood to general chat.
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It seems as though it's possible. :-\
https://www.gov.uk/driving-disqualifications/apply-to-reduce-your-disqualification-period
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Wouldn,t have thought that a drink driving ban could be reduced on that legislation as there is surely no excuse for driving over the limit. Certainly not 5 times. :o
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For the safety of your children and your peace of mind, check with Plod; they will know.
Sometimes, being a grass is acceptable.
Ron.
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I don't think the Police would know without checking with DVLA to see if her licence has been re-issued. :-\ Would they check? :-\
DVLA for sure won't tell my mate directly because of data protection, which is why I'm wondering about court records. :-\
Trouble is that he's not sure which Magistrate's Court she might have gone to. Could she have gone to any court or would she have had to have gone to the court that handed her the ban in the first place? ??? :-\
Where's Entwood when you need him?! ::) ;D
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When they got me (MY choice of speed on the M3), I had to appear at the Court where the offence took place.
Ron.
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My mate is obviously worried that she's driving around illegally with his kids in the car....
He failed to follow the golden rule? Never stick your <thing> in crazy.
Grass her up on his behalf and see what happens..
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For the safety of your children and your peace of mind, check with Plod; they will know.
Sometimes, being a grass is acceptable.
Ron.
Yep, I think this is probably the best plan. Phone the local plod and tell them what you know. :y
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I cant see any Court granting a Licence back half way through a Ban for DD, but you never know.
Her Insurance will be a expensive, assuming she has some, If shes got the Licence back demand to see it, bearing in mind it will be a brand new one with new issued dates on it.
Other way he could ask for her NI Number to do a Licence check online.
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For the safety of your children and your peace of mind, check with Plod; they will know.
Sometimes, being a grass is acceptable.
Ron.
+1 :y
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you called ?? :)
AFAIK, and I've been out of the system 5 years now, rules for getting a licence back after a drink drive disqualification are different to if disqualified for speeding say ..
Rules are here as best as I can find .. note the requirement for all the medical certification ..
https://www.gov.uk/driving-disqualifications/disqualification-for-drink-driving
Not withstanding that.. anyone can apply, at any time, to a magistrates court, to have any sentence reviewed, you just have to prove your case sufficiently ..
https://www.gov.uk/driving-disqualifications/apply-to-reduce-your-disqualification-period
As she was disqualified for 4 years she can apply after 2 ... it is then down to the magistrates
The guidelines were revised in 2017 ..
https://www.sentencingcouncil.org.uk/offences/item/excess-alcohol-driveattempt-to-drive-revised-2017
and include mitigation for various reasons .. see steps 2 - 7 .. and .. if memory serves .. as she would have been sentenced PRIOR to those revisions, she then has the "right" :( to go back to the magistrates if the revisions mean her sentence appears "harsher" than one given today for the same offence.
All she has to do is convince/ persuade the magistrates.... if she does she can apply to DVLA to get her licence back.
As I said .. been out of the system a while now, so accuracy is deteriorating over time !! I may well be wrong .... :)
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I don't think the Police would know without checking with DVLA to see if her licence has been re-issued. :-\ Would they check? :-\
DVLA for sure won't tell my mate directly because of data protection, which is why I'm wondering about court records. :-\
Trouble is that he's not sure which Magistrate's Court she might have gone to. Could she have gone to any court or would she have had to have gone to the court that handed her the ban in the first place? ??? :-\
Where's Entwood when you need him?! ::) ;D
Yes, that is the usual system, whereby the police check with DVLA and establish the situation with her licence. They do it day in day out. They will respect the concerns of the parties involved especially with young children involved.
It is difficult to arrive at any conclusion in regards to the 'facts' you outline Sir Tigger as without seeing all the relevant paperwork, with respect, you do not know all the facts. The police in conjunction with the DVLA will.
Given though the details you describe, it seems doubtful that she would get her licence back so early in a ban given her previous, but in policing nothing can be ruled out; a sympathetic (incompetent) magistrate or even a highly qualified judge at Crown Court level can reach decisions that anger all of us, and especially the police officers involved who originally put so much of their profession time and effort in securing the original conviction. The CPS and the courts reach unbelievable decisions in 2018!! >:( >:(
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What my mate really wants to do if possible is to find out for sure whether she has got her licence back, without her knowing that he knows or he has been to the authorities. ;) Their relationship is fragile and volatile. :(
Hence my query as to whether the court records are public or not. The online check isn't a bad idea. :y
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What my mate really wants to do if possible is to find out for sure whether she has got her licence back, without her knowing that he knows or he has been to the authorities. ;) Their relationship is fragile and volatile. :(
Hence my query as to whether the court records are public or not. The online check isn't a bad idea. :y
Speaking to the police will be treated in confidence, but of course if they find out she is driving illegally then they will probably pull her by using a patrol car using ANPR which will double check her driving and vehicle status without involving your mate. Your mate should treat this as a priority as the safety of his children and other members of the public are at stake. That should be the main consideration when talking to the police ;)
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What my mate really wants to do if possible is to find out for sure whether she has got her licence back, without her knowing that he knows or he has been to the authorities. ;) Their relationship is fragile and volatile. :(
Hence my query as to whether the court records are public or not. The online check isn't a bad idea. :y
Speaking to the police will be treated in confidence, but of course if they find out she is driving illegally then they will probably pull her by using a patrol car using ANPR which will double check her driving and vehicle status without involving your mate. Your mate should treat this as a priority as the safety of his children and other members of the public are at stake. That should be the main consideration when talking to the police ;)
Driving on a Ban is actually a Criminal Offence (your acting against a Court Order) if thats what she is doing, I would have expected more than just putting a Marker on the ANPR System, more like parking up under surveillance where she is know to live etc, but these days, with Police time and Funds etc, who knows.
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I'd be very pessimistic about the Police taking any direct action after I reported someone a couple of years ago for driving a car which hadn't had an MOT for 6 months and I was told that there was little they could do! :o I was then told that had I reported someone for driving without tax, they'd be straight round and lift the car! >:(
You can draw your own conclusions as to the priorities of the authorities! ::)
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Whose car is it? If it's hers then I'd be asking to see an insurance certificate before getting in. And if it's not hers, I'd still want to see an insurance certificate with her as a named driver.
After a 4 year DQ I expect the premiums are eye-watering.
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What my mate really wants to do if possible is to find out for sure whether she has got her licence back, without her knowing that he knows or he has been to the authorities. ;) Their relationship is fragile and volatile. :(
Hence my query as to whether the court records are public or not. The online check isn't a bad idea. :y
Speaking to the police will be treated in confidence, but of course if they find out she is driving illegally then they will probably pull her by using a patrol car using ANPR which will double check her driving and vehicle status without involving your mate. Your mate should treat this as a priority as the safety of his children and other members of the public are at stake. That should be the main consideration when talking to the police ;)
Driving on a Ban is actually a Criminal Offence (your acting against a Court Order) if thats what she is doing, I would have expected more than just putting a Marker on the ANPR System, more like parking up under surveillance where she is know to live etc, but these days, with Police time and Funds etc, who knows.
That is it, the police have not got the resources now to do that for such possible offences. The ANPR system is used extensively to catch illegal drivers and their vehicles, and placing a marker on the alleged offender with her vehicle is what usually happens. That way the police can use their limited resources to the maximum. However, first it needs this "mate" to get in touch with the police on 101 to kick the process into gear. ;)
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Has he checked the insurance data base to see if the car is insured?
https://ownvehicle.askmid.com/
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Has he checked the insurance data base to see if the car is insured?
https://ownvehicle.askmid.com/
To do any check on that vehicle regarding it's insurance status when it's got nothing to do with you is illegal and renders you liable to prosecution.
Why take that risk when all that a concerned individual has to do is speak to the police on 101!
;)
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I seem to remember that a mate who had a drink drive ban, got his licence back early by signing up for an alcohol awareness course.
He was blood tested as well to check he was keeping his word
Keith ABS