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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 777
Experience:  Solicitor with over 15 years experience.
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Dear Sir/Madam, I have SP 30 with fixed penalties and 3

Customer Question

Dear Sir/Madam,
I have SP 30 with fixed penalties and 3 points each for:
November 2012
July 2013
6 points in all.
I have just received notification of intended prosecution
for a speed of 39 mph in a 30 limit and a 41 mph speed in a 30 limit,
both on the 16/11/2014 in quite rural locations.
This would add up to 12 points.
I have never been banned before and oly had 2 additional speeding fines in
over 45 years of motoring and no CR either.
What are my chances of not getting a ban and what would you advise.
Yours,
Dr David J Lee
Submitted: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 years ago.
Customer:

Hello, I am a solicitor with 20 years experience. I will try to help you with this.

Customer:

Assuming that the speed can be proved one way to avoid a ban is through an exceptional hardship argument.

Customer:

Here is a piece I wore on my website about that a little while ago.

Customer:

If a driver is sentenced in such a way that his licence carries twelve or more penalty points, he/she becomes a ‘totter’ and will be disqualified. This can easily happen with 4 speeding offences within 3 years.

The way to avoid a ban is by arguing that you will suffer exceptional hardship as a result of a ban. The distinction between ‘hardship’ and ‘exceptional hardship’ is important because “hardship” is not good enough. You will need to show that the hardship is “something out of the ordinary”. A loss of employment on it’s own may well not be enough.

“Exceptional hardship” is an imprecise concept so the Magistrates’ Court have a broad discretion to assess applications. This enables lawyers or defendants in person to be innovative, drawing the fcats together so that the ‘exceptional’ threshold is passed.

Focussing on the implications of loss of employment may increase the strength of the argument. If, for example, the defendant would in losing his job face the prospect of bankruptcy or defaulting on a mortgage, the hardship may be greater than simply a loss of job.

The Courts have a duty to consider the implications of a disqualification upon persons other than the defendant, bearing in mind that such persons are effectively innocent and will be punished irrespective of this. This can be a crucial factor in an exceptional hardship argument.

There is no rule preventing a “totter” from making an exceptional hardship argument themselves but it is often more effective to have the arguments made by a lawyer. The “totter” can then concentrate on his role as a witness.

If the exceptional hardship argument is successful, the sentencing Court can either reduce the period of mandatory disqualification or make no disqualification order at all. The arguments used, if successful, can not be used again in the next 3 years.


JACUSTOMER-a1jgmf11- :

Thank you for this.I am in N Wa

JACUSTOMER-a1jgmf11- :

I am in N Wales would you recommend anyone in particular please

Customer:

I can not reccommend anyone in perticluar as I am not allowed to on this site but

Customer:

Also I am based in London and don't know many law firms in Wales.

JACUSTOMER-a1jgmf11- :

What would happen to the points if I did get a ban.

Customer:

You start again with no pints after the ban.

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