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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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It relates to a motoring offence back in July last year. I

Resolved Question:

It relates to a motoring offence back in July last year. I broke the speed limit driving through some road works, 57 mph in a 40mph zone. Although I paid the fine, I then worked away from home in August, and then from September through to Nov, and then again in December. I was meant to send my DL away. I was home very rarely, and for very short periods of time, and when I left to continue the tour, I either remembered to take my driving licence , or the letter, but unfortunately not both of them. I arrived back home in early January, finding a letter detailing where my case had got to, it was The Magistrates Court in Bath. I immediately started work on another tour, and had earmarked a day in late January to address the case, thinking that my case was due in February, but I read it again, and my case was heard on 23/1. I contacted Bristol Speed Enforcement Unit, and then Bath Magistrates Court. I have been given another date, March 18th. I'm facing a ban. What is it best to do and legally, where have my mistakes have got me? I currently have 6 points, with three more pending for which I am taking a Speed Awareness Course
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 :

You have been caught speeding more than once? Why is it you are facing a ban, you have 6 points currently?

Customer:

I think it's because I was going 57 in a 40mph zone. My letter says they are 'considering whether to disqualify you from driving because of the seriousness of the offence(s) or the number of penalty points on you driving record.' It could also be because I didn't send my licence in.

Alex Watts :

Ok - did you plead guilty to the offence?

Customer:

yes I have (I think I was also found guilty in my absence)

Alex Watts :

Its just one offence, is that correct?

Alex Watts :

The sentencing guidelines state that 56-65mph in a 40mph zone it should be 4-6 points or disqualify for 7-28 days.

Alex Watts :

Given you have pleaded guilty and that it is the lower of the bracket I think that should will get 4 points.

Alex Watts :

It is only where you are at the higher end of that bracket, ie 60mph+ you are likely to be disqualified.

Alex Watts :

Therefore you are likely to get 4 points and a big fine

Alex Watts :

Can I clarify anything for you about this today please?

Customer: I've been told that if I request a ban for a week, I could get.
Alex Watts :

Yes potentially but it needs to be so serious to deserve a ban. They wont ban you just because of the sake of it or because you ask for it

Alex Watts :

It has to warrant a ban

Alex Watts :

Does that help?

Customer: It does. Thank you
Alex Watts :

Great. If I could ask you to rate my answer before you today please, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

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