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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Type your legal question here I have impending 3 points for

Resolved Question:

Type your legal question here I have impending 3 points for speeding on the Isle of Grain which will give me 9 points in 3 years and have until the weekend to accept the conditional deal. However I had another one last week even though I knew about the cameras, I was just over by 1 mph on both occassions. I need my transport as o cover 30000+ miles to fulfill contract work in the SE by ttravelling from Notts, driving 20 + hours a week and passing through many speed cameras. I uncovered a major fraud in May and have been heavily involved in preparing and tracing goods prior to passing to police. I have been followed and the police are aware and I have a response tel no in the event of an incident, as such I have been really cautious as to who and why - the number of Companies and people is wide and is quiet involved. I therefore sometimes drive close to the limit and ahve been driving regulary in the area for 3 years without incident with the av speed cameras. Whilst I have not examined any evidence or local signs is there any chance of arguing mitigating circumstances to avoid the points in lieu of an increased fine etc?

The first 3 points were 2.5 years ago and I was stopped by a single officer no camera and his note only of speed reduction from 60 to 30 zone for not slowing down quick enough and I accepted an SP30 after visiting the police station - I paid the fine and had 3 points on license, but do these count towards the topping up system?

Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : For now please let me know what the dates are if the previous offences and this one please?
Customer:

09/06/12 SP30 from officer

Customer:

21/12/12 SP30 camera cond offer accepted, 30/07/14 Isle of Grain av speed camera cond offer of 3 points by end of this month, 17/09/14 last week, overtaking slow vehicle prior to camera in Humberside - momentary speed excess to 69 mph on open 60mph limit.

Alex Watts : so you will have been caught 4 times in 3 years, is that right?
Customer:

yes

Alex Watts :

Its bad news I am afraid.

Alex Watts :

If you accept you were doing the speed then sadly you are guilty. You can't mitigate and get no points for a higher fine.

Alex Watts :

Its only a defence for example if you were in fear of your life

Alex Watts :

But clearly in this case you accept you were doing over the limit

Alex Watts :

Your work sadly does not have any bearing in terms of defence, it goes to mitigation, but the Court has to give you 3 points, it is not discretionary

Alex Watts :

Then you will be a totter as have 12 months where they have to ban you for 6 months UNLESS you can show exceptional hardship.

Alex Watts :

That is hardship which is exceptional (and it has to be just that) for you or others around you because of loss of a car

Alex Watts :

So if for example you would be sacked, lose the house and wife and kids on the street then that could be considered exceptional

Alex Watts :

But you would need to be represented to advance that argument.

Alex Watts :

If the Court accepts that, it can reduce the ban or not give you one. But that means you have 12 live points on the licence.

Alex Watts :

If you get another ticket in the next 3 years then you can kiss goodbye to the licence.

Alex Watts :

If you are banned then your points get reset to 0

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

So the first 3 points where there's no camera would stand in the totting up?

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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