Should know better?

Slink_Pink · Joined: 03 Aug 2006 Posts: 36 Location: Herts

A friend of mine was considering advanced driver training, but was put off by the thought/rumour that if an advanced driver were to be, say, caught speeding, then the courts would be of the opinion that the advanced driver should know better and, as such, be more harsh in their punishment. There was also some mention of double-points! Does anyone wish to share their thoughts/experience on this?
_________________
Need I remind you, 007, that you have a license to kill, not to break the traffic laws.

TripleS · Posted: Tue Nov 11, 2008 1:14 pm Post subject: Re: Should know better?

ScoobyChris · Joined: 01 May 2006 Posts: 1256 Location: Andover, Hants

Porker · Joined: 04 Feb 2006 Posts: 533 Location: Essex

They wouldn't know that a defendant had taken any further training. It's not recorded by DVLA or anything like that.

There's no provision for handing out harsher penalties (in terms of fine, points or anything else) for anyone that's taken further training either.

The one possible exception to this is if someone tried to use the fact that they'd taken further training as justification (or mitigation) for an offence. For example, "It was OK for me to drive on that motorway at 90mph because I'm a member of the IAM." That might land you with a harsher sentence depending on the mood of the bench.

It might however be useful if you were trying to defend yourself against a "momentary lapse", in which case you might suggest that you're normally very careful - even to the extent of taking additional training to make you safer - but that that one particular incident was completely out of character.

regards
P.

ROG · Joined: 08 Oct 2006 Posts: 1148 Location: LEICESTER

I remember a case where a Police Traffic driver when off duty was before a court for speeding (before NIPS) and was treated no differently than any other member of the driving public - and yes, the court did know what his job was.
_________________
ROG
Civilian Advanced Driver
Senior Observer
Leicester Group of Advanced Motorists
UNEMPLOYED LGV instructor

Ewan · Joined: 13 Nov 2008 Posts: 5 Location: UK

The fear that one might be more harshly treated for being more responsible and more highly trained goes against common sense so I can't believe for one moment that the law would view an advanced driver as anything other than more responsible than most other drivers notwithstanding there might be an occasional lapse (eg your speeding offence scenario). Also, one of the basic tenets UK law is that ignorance is no defence. It automatically follows therefore that all drivers are treated as though they are aware of the law, not just advanced drivers. As Mr Bumble in Charles Dickens' "Oliver Twist" said "The law is an ass".

But surely it can't be that much of an ass.
_________________
Ewan
MiDAS Training for Minibus Drivers