It isn't a 'criminal' offense, as in you get a criminal record, DNA tested, finger printed, arrested etc.
Nor is it a 'Civil' legal issue, as in two people sorting out a tort or contract.
It is like letting your dog foul on the footpath.
It is an offence, with legal remedies persued by the state, but not 'criminal'.
I believe there is a special term, but I have consumed a good half bottle of Merlot and can not remember it.
It certainly is a criminal offence. There is a statute law which prohibits you from exceeding the speed limit. Doing something which is prohibited by law is the definition of a crime. Further evidence - if you plead not guilty, you go to a criminal court to state your case. Furthermore, if you are found guilty, or if you admit the offence, you get a criminal record. It is recorded on your licence (and elswhere - you can't erase it by "losing" your licence; your new licence will have the offence still on it).
But don't just take my word for it - find a dictionary, and look up "crime".
But the law states that I am expected to know that my license has been revoked and I must stop driving even if nobody - DVLA, police, whoever - tell me this. So if I continued to drive and I was caught, I'd be in even more trouble.
My license was also revoked earlier this year so I know what will happen. YOU CAN STILL DRIVE until the letter from DVLA arrives telling you your license has been revoked and to stop driving within 5 days of the date shown on letter.
P.S. I just rechecked my letters and its 5 days not 10 as I wrote earlier in thread.
It certainly is a criminal offence. There is a statute law which prohibits you from exceeding the speed limit. Doing something which is prohibited by law is the definition of a crime. Further evidence - if you plead not guilty, you go to a criminal court to state your case. Furthermore, if you are found guilty, or if you admit the offence, you get a criminal record. It is recorded on your licence (and elswhere - you can't erase it by "losing" your licence; your new licence will have the offence still on it).
But don't just take my word for it - find a dictionary, and look up "crime".
I'll look it up when I am sober.
If you are guilty of speeding you do not have a 'criminal' record. You have points on your license, but no criminal record. You do not give DNA or finger prints. You don't get arrested.
There was an attempt last year or before to criminalise speeding, but it failed.
Don't take my word for it, find the statutes and look up 'speeding'
My license was also revoked earlier this year so I know what will happen. YOU CAN STILL DRIVE until the letter from DVLA arrives telling you your license has been revoked and to stop driving within 5 days of the date shown on letter.
P.S. I just rechecked my letters and its 5 days not 10 as I wrote earlier in thread.
So if the DVLA letter gets lost in the post you can just go on driving indefinitely?
It certainly is a criminal offence. There is a statute law which prohibits you from exceeding the speed limit. Doing something which is prohibited by law is the definition of a crime. Further evidence - if you plead not guilty, you go to a criminal court to state your case. Furthermore, if you are found guilty, or if you admit the offence, you get a criminal record. It is recorded on your licence (and elswhere - you can't erase it by "losing" your licence; your new licence will have the offence still on it).
But don't just take my word for it - find a dictionary, and look up "crime".
Further evidence?.... Criminal record? ... What a load of tosh. Please research before spouting such bile!
Hi Sleepydove, has your new license been endorsed by the DVLA - does it say how many points you have?
You have done your bit and if Dvla has sent you a full license despite knowing everything you have told them then I think they have pardoned you you are free to drive. Just make sure you dont fall foul of the law again.
The new license only has the original three points but that is because, as DVLA have told me on the phone, they haven't yet been informed of the most recent three points. But because I know about them - and they know I know about them due to all these phone calls - I can't drive because my license still has six points on it and that means it's been revoked whether or not it actually says it on it or not.
My license was also revoked earlier this year so I know what will happen. YOU CAN STILL DRIVE until the letter from DVLA arrives telling you your license has been revoked and to stop driving within 5 days of the date shown on letter.
P.S. I just rechecked my letters and its 5 days not 10 as I wrote earlier in thread.
But in the New Drivers Act, it states that you are expected to know the law and know that the moment you get six points on your license you must stop driving and there is no need for any authority to tell you this - if you are caught driving illegally, because that is what it would be since your license HAS been revoked, then you will personally be responsible and in even more trouble.
Thats impressive... I didn't think people who had their license revocked even bothered. You've changed my view! I am sorry to hear about your job and the depression, I hope you are better now, glad its taught you a lesson tho!
I don't know what else to do tho, writing a letter sounds good and maybe getting the MP involved? One thing I wouldn't do is drive again, no way will the police let you off easy if your driving without a license and insurance.
Good luck withit all, I know you've suffered but it is good to see that you admit to being wrong, you've done your time so too speak and learned from it
Thank you.
It's just frustrating knowing that almost everybody speeds - my dad regularly drives at 20+ mph over the speed limit and has only had three speeding fines over forty years. It's just the luck of the draw that I was caught where others haven't been - either that or stupidity. Fact is I broke the law and I was caught so no point complaining; I just want to get my license back as soon as possible.
If you are guilty of speeding you do not have a 'criminal' record. You have points on your license, but no criminal record. You do not give DNA or finger prints. You don't get arrested.
Speeding is dealt with by criminal courts and is a crime.
Not all criminal offences are recordable and lead to a criminal record.
I passed my driving test in spring 2007 and was promptly stopped for speeding a couple months later - I was young, inexperienced, not that much over the limit and didn't see the van.
Then at the end of October 2008 I was stopped again. It was midnight and I was going a little faster than I should (who doesn't speed?) cos roads were empty and I was pulled over by a police car.
Since both took place during my first 2 years of driving, my license was revoked. I paid the 2nd speeding fine at my local district court and they said they'd notify DVLA who would then notify me my license had been officially revoked and once that has happened I am able to reapply for a provisional license, resit my theory and practical and get back on the roads. Whether or not you agree with it, that's the law so it sounds easy enough to get my license back.
However - it's now 2 and a half months since I paid the fine and DVLA still claim to know nothing about the second conviction. I've been phoning them every few days for the last six weeks. My district court where I paid the fine say they sent DVLA notification about 8 weeks ago and that would take 3 weeks to arrive. I phoned them and told them DVLA say they haven't received it and TWICE they said they'd resend notification and DVLA still say they haven't received anything.
DVLA say they can't do anything til they get that. My local court say all they can do is send notification and after that the ball is in DVLA's court and not their problem. The law states I am expected to know my license has been revoked regardless of whether or not DVLA has informed me so I can't drive.
What do I do? There's some major communication problem going on here and everybody keeps blaming the other party and I don't know how to get things moving again.
There was a case in the news a few months back where a young lass was speeding and they revoked her license. However it would appear that she did not realise the consequences. She was arrested for driving without a license when she thought she was driving legally as the DVLA had not got back to her.
I don't know what you can do but to be honest, if you were drinking and driving (not over the limit much? WTF) and you were caught speeding again, tbh I am glad that you are off the road.
I don't know what you can do but to be honest, if you were drinking and driving (not over the limit much? WTF) and you were caught speeding again, tbh I am glad that you are off the road.
It isn't a 'criminal' offense, as in you get a criminal record, DNA tested, finger printed, arrested etc.
Nor is it a 'Civil' legal issue, as in two people sorting out a tort or contract.
It is like letting your dog foul on the footpath.
It is an offence, with legal remedies persued by the state, but not 'criminal'.
I believe there is a special term, but I have consumed a good half bottle of Merlot and can not remember it.
If I let my dog foul the footpath, is it a local law? A national law? Is it enforced by Police or Dog wardens? I've read it's a law that puts the requirement on local authorties to keep their streets litter free and those LAs can then in turn prosecute/fine others. The prosecution is done by the LAs and I've not seen Police swoop or pull over onto grass verges to arrest anyone for letting their pooch foul the pavement. It's not comparable to me but I will agree that the law regarding speeding isn't clear cut either.
Comments
It certainly is a criminal offence. There is a statute law which prohibits you from exceeding the speed limit. Doing something which is prohibited by law is the definition of a crime. Further evidence - if you plead not guilty, you go to a criminal court to state your case. Furthermore, if you are found guilty, or if you admit the offence, you get a criminal record. It is recorded on your licence (and elswhere - you can't erase it by "losing" your licence; your new licence will have the offence still on it).
But don't just take my word for it - find a dictionary, and look up "crime".
My license was also revoked earlier this year so I know what will happen. YOU CAN STILL DRIVE until the letter from DVLA arrives telling you your license has been revoked and to stop driving within 5 days of the date shown on letter.
P.S. I just rechecked my letters and its 5 days not 10 as I wrote earlier in thread.
I'll look it up when I am sober.
If you are guilty of speeding you do not have a 'criminal' record. You have points on your license, but no criminal record. You do not give DNA or finger prints. You don't get arrested.
There was an attempt last year or before to criminalise speeding, but it failed.
Don't take my word for it, find the statutes and look up 'speeding'
So if the DVLA letter gets lost in the post you can just go on driving indefinitely?
No, they ask you to return your licence. I am guessing if you fail to return it because you hadn't received the letter, they would chase you.
Further evidence?.... Criminal record? ... What a load of tosh. Please research before spouting such bile!
The new license only has the original three points but that is because, as DVLA have told me on the phone, they haven't yet been informed of the most recent three points. But because I know about them - and they know I know about them due to all these phone calls - I can't drive because my license still has six points on it and that means it's been revoked whether or not it actually says it on it or not.
But in the New Drivers Act, it states that you are expected to know the law and know that the moment you get six points on your license you must stop driving and there is no need for any authority to tell you this - if you are caught driving illegally, because that is what it would be since your license HAS been revoked, then you will personally be responsible and in even more trouble.
Thank you.
It's just frustrating knowing that almost everybody speeds - my dad regularly drives at 20+ mph over the speed limit and has only had three speeding fines over forty years. It's just the luck of the draw that I was caught where others haven't been - either that or stupidity. Fact is I broke the law and I was caught so no point complaining; I just want to get my license back as soon as possible.
Speeding is dealt with by criminal courts and is a crime.
Not all criminal offences are recordable and lead to a criminal record.
There was a case in the news a few months back where a young lass was speeding and they revoked her license. However it would appear that she did not realise the consequences. She was arrested for driving without a license when she thought she was driving legally as the DVLA had not got back to her.
I don't know what you can do but to be honest, if you were drinking and driving (not over the limit much? WTF) and you were caught speeding again, tbh I am glad that you are off the road.
They weren't drinking and driving
If I let my dog foul the footpath, is it a local law? A national law? Is it enforced by Police or Dog wardens? I've read it's a law that puts the requirement on local authorties to keep their streets litter free and those LAs can then in turn prosecute/fine others. The prosecution is done by the LAs and I've not seen Police swoop or pull over onto grass verges to arrest anyone for letting their pooch foul the pavement. It's not comparable to me but I will agree that the law regarding speeding isn't clear cut either.