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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70179
Experience:  Over 5 years in practice
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hi i have been caught speeding ,76mph in a 60. i have 3 points

Resolved Question:

hi i have been caught speeding ,76mph in a 60. i have 3 points already,i have had full licence for just under 2 years.what will happen.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.

Jo C. :

Hi. Thank you for your question. My name is XXXXX XXXXX I will try to help with this. Do you use your car for work?

Customer:

yes

Jo C. :

Thanks for the response. I am on the road today so may not be able to answer you straight away. I will respond this afternoon if you don't mind waiting until then for me to get back to you. Thanks and no need to reply to this message.

Jo C. :

Hi

Jo C. :

I'm back now.

Jo C. :

If you can respond?

Jo C. :

I suppose you cannot deny speeding?

Customer:

no

Jo C. :

Thats bad news I'm afraid.

Jo C. :

If you have three points already and you acquired them within the first two years of driving then I'm afraid you are vulnerable to three points for this offence which would render you liable to revocation under the new drivers scheme.

Jo C. :

There is no exceptional hardship test unfortunately.

Jo C. :

The only option really is to either refuse the fixed penalty in the hope they forget to summons you or put them to proof upon the allegation at court but the risk of that is that you may lose and face a costs order against you.

Customer:

JO,just a little more info,my licence[full] began on the 5th march 2012,my speeding was 28th feb 2014,my age is 53 years old if that helps .

Jo C. :

That is frustrating!

Jo C. :

What were the dates of your original points?

Customer:

offence date was 1st march 2013,as per court notes ,but licence has it at 12th april 2013.

Jo C. :

Thats a shame. Unfortunately they are within the two year period. Its very unfair when they are only just inside but inside they are.

Jo C. :

The courts have no discretion over the revocation upon the acquisition of 6 points I'm afraid.

Jo C. :

Not even exceptional hardship.

Customer:

so your answer is i will lose my licence ?

Jo C. :

I'm afraid you will unless they forget to summons you or you win at court.

Customer:

ok thanks for info,but not what i wanted to hear .again thank you.

Jo C. :

No problem and all the best.



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Customer:

thanks

Jo C. :

All the best.

Jo C. and 2 other Law Specialists are ready to help you