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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69771
Experience:  Over 5 years in practice
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I have been caught 4 times within 2 weeks on the m1 northbound

Resolved Question:

I have been caught 4 times within 2 weeks on the m1 northbound @ barlborough average speed cameras,58-59-63-58 mph.I was working for morgansindall on the overhead electrification rail lines doing night shifts,me not being used to the night shift pattern also they had me travelling to london and back to doncaster each night and day as they wouldent pay subsistance.Ihave since finnished with the company and gone back to my usual role which is an overhead linesman for amec power.my new job envolves me being a chargehand which means I will be in charge of a small working party,and a vehicle provided to allow me to continue to do my job.If I loose my liscence I will loose MY Job so I am in desperate need of help and advice.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What would you like to know about this please?
Customer: replied 2 years ago.

I have been sent an offer to go on a speed awareness course for the first offence which I have responded to,but I am looking for advice on what to do next to try and avoid me loosing my liscence. I have not responded to the further 3 intended prossecutions.Is there anything I can do ie,plead with a letter or will I need to go to court.

Expert:  Jo C. replied 2 years ago.
I presume you don't deny speeding?

Do you have any other points?
Customer: replied 2 years ago.

No I dont deny speeding but what I am thinking is my employer at the time did not help in the matter sending me to london and back every night.No I dont have any other points on my liscence.

Expert:  Jo C. replied 2 years ago.
No, but thats a non issue unfortunately.

When did you pass your test?
Customer: replied 2 years ago.

I am 46 now so back in april 1986

Expert:  Jo C. replied 2 years ago.

Thanks for the information

You are not a new driver then so will not be subject to the revocation scheme if you acquire more than 6 points.

You will probably get the speed awareness course for the first matter. There is risk that they may refuse if they know about the pending matters which, in fairness, there is no reason that they should not do since its the same constabulary. However, I have found generally that they can do things like that when it suits them.

If they do offer the speed awareness course then even if all of the other matters go against you then you would still only have 9 points which would place you on the cusp of a ban but not there yet.

If the do not offer the speed awareness course then you are in difficulty. It depends how risk you want to take. You can always refuse the fixed penalty offers and see if they summons you to court. They do forget sometimes. The risk is that if they do remember then the financial penalties will be higher at court but you would still only get the same number of points.

If you do end up with 12 points then you will be liable to disqualification for 6 months as a totter. The only way to avoid that is to argue exceptional hardship.

There is case law that suggests that loss of job alone is not sufficient to amount to exceptional hardship although courts regularly disapply it when it suits them. Usually the problem is that people are not prevented from doing their job by a ban. It just makes it harder and more expensive for them which is not exceptional hardship.
To succeed on that argument you have to prove to the Magistrates that your job is literally impossible if you cannot drive and also that nobody else in your party could drive you. Its usually helpful to show that it will have an impact upon innocents around you as well.

Hope this helps. Please let me know if you need more information.

Jo
Customer: replied 2 years ago.

would it be a good idea to take the offer of a speed awareness course and reply to the other pending prosecutions individually and at the latest time possible without going over the deadline time, or maybe do the course and hope for the best- worst on the three pending.

Expert:  Jo C. replied 2 years ago.
It depends whether you are willing to run the risk of the higher penalties at court.

Its always a good idea to use the full 28 days you've been given because it cuts into their time to bring this matter to court. That carries no risk at all.

The risks come when they send out fixed penalties and you have to decide whether to ignore them or not.
Customer: replied 2 years ago.

The higher penalties are they bigger fines- court costs and just the normal 3 points and do the fixed penalties arrive after I have owned up to being the driver at the time.Would it be possible for them to ban me outright and a heavy fine for having so many potentially summons all together.

Expert:  Jo C. replied 2 years ago.
Yes, its just the financial penalty. For these speeds you would still only get 3 points each.

They could ban you but only if you acquire 12 points within 3 years as a totter.
Jo C., Barrister
Category: Law
Satisfied Customers: 69771
Experience: Over 5 years in practice
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