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PostPosted: Mon Mar 09, 2009 13:36 
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I believe each tyre is one offence and is fined and gains points accordingly. however the highest points offence on that day counts on the licence for totting up.

Amazingly someone who had 4 bald tyres recently got £60 fine and 3 points from a court (+15 victim tax and £35 costs)
which is an insult.

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Speed limit sign radio interview. TV Snap Unhappy
“It has never been the rule in this country – I hope it never will be - that suspected criminal offences must automatically be the subject of prosecution” He added that there should be a prosecution: “wherever it appears that the offence or the circumstances of its commission is or are of such a character that a prosecution in respect thereof is required in the public interest”
This approach has been endorsed by Attorney General ever since 1951. CPS Code


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PostPosted: Wed Mar 11, 2009 21:29 
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anton wrote:
I believe each tyre is one offence and is fined and gains points accordingly. however the highest points offence on that day counts on the licence for totting up.

Amazingly someone who had 4 bald tyres recently got £60 fine and 3 points from a court (+15 victim tax and £35 costs)
which is an insult.

This something which frequently infuriates courts. The rules are quite clear. When more than one motoring offence is committed on the same occasion the only points to be imposed are those which apply to the most serious offence. The licence will be endorsed with the others but they will not have points. It is possible under limited circumstances to impose more than one lot of points but only when the offences are dissimilar. Even that power is severely constrained by case law. It is also, possible, if the totality of the offending is bad enough, to impose a ban. But again that is limited by case law.

It doesn't help that the CPS don't always seem to understand it. A colleague of mine had a case where all four tyres were showing canvas. They banned for 6 months. The police moaned about it as they felt that 12 months would have been more suitable. The CPS could have charged with dangerous driving, based on the vehicle being in a dangerous condition. if they had done so there would have been a minimum ban of 12 months, a compulsory retest and the power to impose a sentence more severe than a fine.

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PostPosted: Wed Mar 11, 2009 21:55 
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fisherman wrote:
There is a general rule in court that, where more than one offence is sentenced on the same occasion, points are awarded on the most serious offence only. In this case the three offences, two tyres and the phone offence, each carry 3 points. So he could get 3 points.

An exception to that rule is when a court is of the opinion that the offending is of a nature and degree which warrants every offence being given points.

Thanks very much for clarifying this point - it has confused me for a long time.

Way back in my dim and distant youth I got nicked for two offences, and as you state I only got the points of the higher of the two offences. I thought it analagous to the way that multiple prison sentences can run concurrently.

Yet I've variously heard people report that they've had multiple sets of points on one occasion, which contradicted that.

I now understand how either situation can be a possibility, which explains everything!

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PostPosted: Wed Mar 11, 2009 21:57 
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anton wrote:
Amazingly someone who had 4 bald tyres recently got £60 fine and 3 points from a court (+15 victim tax and £35 costs)
which is an insult.

I'd be inclined to strongly agree.

...speaking as one who got a £100 fine + £500 costs for an alleged 46 in a 40, on a deserted motorway, simply for having the temerity to plead Not Guilty...

But I'm not bitter or anything... :roll:

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