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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69783
Experience:  Over 5 years in practice
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I'm John, I have received a court appearance in Wales

Customer Question

I'm John, I have received a court appearance in Wales for doing 109mph in 70mph limit. I admit to doing that, after being delayed for four hours by motorway speed restrictions and stationary traffic and was trying to get home to get more insulin as blood sugars were rising. But I can't afford to loose licence, being disabled with many problems and visiting three different hospitals a week, one over 45 miles away, I couldn't afford to get to hospitals for my treatment and pending amputation of right leg and foot. I'm on DLA and income support, is there any way I could get ban down to about a week maximum? Had clean licence for 46 years.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Have you admitted to driving in these circumstances? If not, please do not.
Customer: replied 2 years ago.
I haven't sent the form back but have filled it out as Guilty as I was speeding, it's the possible ban for over 100mph I'm worried about. I wrote similar to you in things to be taken into consideration. I can't plead not guilty, it was a Police speed camera, pulled up by policeman so have no option as was guilty for those few minutes for speeding.
Customer: replied 2 years ago.
I never mentioned my health problems to Officer and he just did checks over radio for ID and said it would be reported. The speeding is only charge on paper. Doing over 70/60/50 mph etc. I am recorded at DVLA with my problems and have a three year full licence, due for renewal this July. Hospital consultant generally replies to mt condition and as fit to drive subject to rules on Diabetics. Having over 5.5mmol as blood result and frequent tests on routes.
Expert:  Jo C. replied 2 years ago.
On no account mention this to the police. They will report it to the DVLA and your licence will be revoked on health grounds. You may recover it on appeal but you would probably rather avoid the situation.
It isn't mitigation anyway. The Court will say you should not have been driving in those circumstances at all. It is actually aggravation.
If this is 109 in a 70mph zone then you are at the very highest end of the top sentencing bracket. You are facing either 6 points or a ban of between 7-56 days.
What will happen is difficult to say. The speed is high but other factors are considered - the level of traffic on the road, the clemency of the weather, the absence of vulnerable road users, the shortness of any distance driven at speed etc. Quite often people do escape with points.
If you do get a ban though then I'm afraid it is not likely to be 7 days. It will be short but it is not going to be only 7 days I'm afraid. It probably won't be more than 28 but it could be up to 28.
Sorry but that is your position and I have to give you truthful information.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.
On the ticket the PCs statement it said Weather-Fine, road Condition- Dry, Visability-Good, Traffic Flow - Moderate, the road was A55 Dual Carriageway (Expressway in part with motorway restrictions) not built up or residential area. So it would be best not to give any reasons or state of severe hardship going to hospitals that would come from a Ban? After 44 years driving, and nothing, it is sad, but that's life. Thanks.
Expert:  Jo C. replied 2 years ago.
I wouldn't even mention it. It is not a consideration with instance bans anyway.
You might be lucky and get points. That does happen sometimes.
Jo C., Barrister
Category: Law
Satisfied Customers: 69783
Experience: Over 5 years in practice
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