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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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Hi do you deal with motoring offences - my son has got himself

Customer Question

Hi do you deal with motoring offences - my son has got himself into a bit of bother and I wonder if it's worth fighting or if he should just hold his hands up and face the consequences.
Submitted: 3 years ago.
Category: Law
Expert:  Alice H replied 3 years ago.
My name is Alex Hughes and I'm happy to help with your question today. I need to ask you some preliminary questions to be able to help you.

-Could you explain the situation a little more? E.g. charges and alleged facts.

Customer: replied 3 years ago.
Hi, my 19 year old son passed his test in May 2012 and already has six points on his licence. One of these was a speeding offence - 53mph in a 40mph zone. The other was an agricultural offence - his dad put him away with a tractor & trailer and he was stopped by the police and the brakes in the trailer were found to be faulty. However, he has since been involved in a series of incidents
1). He was driving very close to a car in Peterhead and the occupants felt intimidated so I think they deliberately went slow so my son overtook them at a junction where there was an island. The occupants of the other car reported him and he is due in court later this month.
2). The following week he was at a party and stAyed over. A boy asked him for a lift in the morning but he said no because he had been drinking into the early hours. The boy was insistent but Mark kept saying no and then the boy said he would take marks car himself and mark jokingly said "aye right". Unbeknown to mark the boy did take his case and managed to land it in a field and it was written off. The police visited mark and he told them the truth and now he's been charged with cAusing & permitting. Haven't heard about a court date for this incident.
3). Mark got another car at the end of may and was "fair chuffed" with it but would show off to pals and got caught speeding again. He's due in court at the end of August for this offence.

Mark and his brother both worked for their dad at home but things were very quiet and he was unable to pay them do they both recently got jobs on local farms - which they love!! Mark needs a licence for his work. Do you think it's worth getting help here or should he just hold his hands up and face the music?

Thanks
Expert:  Alice H replied 3 years ago.
Thanks for the additional information.

1. I assume he is being prosecuted for driving without due care and attention. This carries 3 - 9 penaly points with the risk of being disqualified. He will not get legal aid for this offence and instructing a solicitor will cost a couple of hundred pounds. I expect the court will impose points unless there are other aggravating features such as an accident. If he has been prosecuted for anything more that careless driving then please let me know.

2. Is the offence of causing or permitting to drive without insurance? If so there will be a minimum of 6 penalty points and the possibility of being disqualified.

3. Speeding carries a minimum of 3 penalty points.

Based on the information you've given your son is at serious risk of disqualification from driving for at least 6 months. The only way to avoid disqualification is to argue "exceptional hardship" namely that he will lose his job and income - but quite frankly I think this is unlikely to succeed in view of the number of offences, the short period of time over which they were committed and that the purpose of disqualification is punishment which will of course result in difficulties with work etc.

Your son can instruct a solicitor of he wishes. Legal aid is very rare for motoring offences and even rarer for these offences. If he does get a solicitor he will have to pay privately.

Hope this helps.

Alex