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Jo C.
Jo C., Barrister
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My husband recieved a notice of intended prosecution for speeding

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My husband recieved a notice of intended prosecution for speeding 32 mph in a 30 limit at the time of the offence he had 9 points on his licence (6 for speeding and 3 for driving down a bus only lane)- he has admitted this and we are awaiting a court date - since then 3 of the points have dropped off.

Today he has received another notice of pending prosecution for going through a red light - at the time of this offence he had 6 points on his licence.

What should we do - send the second one back immediatley - or wait for the first one to be dealt with?
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.

Is there any reason why you think you should wait to send it back please?
Customer: replied 2 years ago.

I am worried if I send the licence off I may need for court - and also if I do there will then be more points added to his licence

Expert:  Jo C. replied 2 years ago.
I see your concern.

If you just received the NIP on the second offence though then you shouldn't be asked to send his licence yet.

Has anybody warned you of the likelihood of a ban for the first matter?
Customer: replied 2 years ago.

I am aware that that is a risk


 

Expert:  Jo C. replied 2 years ago.
Its a difficult situation really.

I wouldn't worry about sending your licence anyway. If your licence is caught up at one arm of the criminal justice system then the other will accept that as a reasonable excuse. In any event, if the NIP has only just come through then you shouldn't be asked to send your licence anyway.

He is likely to be banned on the first matter unless you argue exceptional hardship. If he is banned then he will get his licence back clean so the new points will not matter hugely.

If he does avoid a ban on the basis of exceptional hardship then he will have 12 points on his licence for 3 years.

The addition of a further 3 would trigger a further ban for totting. Its an interesting point though because I do see what you are saying - at the time that he committed this latest offence he only had 6 points. I have to say that I do think that the issue should be the time of offence not the time of conviction so you could argue, as a matter of law, that totting should not apply. There isn't any case law on that point because it doesn't come up often and anyway its an issue of legal method really. If you lost that argument though then you would only be able to argue exceptional hardship again if you had different grounds. I would rely on the first point.

Can I clarify anything for you?

Jo
Customer: replied 2 years ago.

I am still a little confused as to the best course of action - He is intending to plead exceptional hardship as I have recently been made redundant and he is the only wage earner in the house - he would definatley loose his job if he loses his licence as he drives all over the country for his job how long is the ban likely to be

Expert:  Jo C. replied 2 years ago.
If that fails it will be 6 months.

If it doesn't fail then he won't be banned.

The problem then will be what happens when the new points are added because if the argument above fails then he will be a totter again.
Customer: replied 2 years ago.

what would you suggest my best course of action is?


 

Expert:  Jo C. replied 2 years ago.
There are not too many choices here.

You have to comply with S172 to avoid being summonsed for failing to identify.

If he needs to keep driving then he will have to argue exceptional hardship.

If the other points are added then he will have to raise the argument that at the time of the offence he only had 6 points.

Those are the only real choices other than, of course, just giving up and accepting a ban which I imagine is not an option for you
Jo C., Barrister
Category: Law
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