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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70213
Experience:  Over 5 years in practice
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just received a speeding fine 38 mph in 30mph

Customer Question

hi
just received a speeding fine for doing 38 mph in 30mph limit i have 9 points already 1st conviction 18/03/13 will i lose my license?
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.
Can you argue exceptional hardship?
Customer: replied 2 years ago.

what do you suggest I'm single mum need car to take kids to school

Expert:  Jo C. replied 2 years ago.
Can they use public transport?
Schools are usually fairly close by?
Customer: replied 2 years ago.

not really charlie is 10 georgie is 16 both in schools 5 miles away

Expert:  Jo C. replied 2 years ago.
Sorry for the delay.
Have you checked the bus routes?
The court will demand that.
Customer: replied 2 years ago.

no haven't checked but they could get a bus they run every hour

Expert:  Jo C. replied 2 years ago.
The only way to avoid a ban for totting is to argue exceptional hardship.
Generally speaking it is easier to argue that if another person than the speeder is affected by the ban. You might well have an argument on this basis but the fact that the children have to go to school is not sufficient on it's own.
The Court will demand that you prove that they could not go by public transport. There are pockets of the country where public transport is just diabolical and travelling is impossible but that is not common. The fact that you have two children doesn't really assist because the older could travel to school alone while you take the younger.
It might well be that the public transport would not get them to school in which case you would have an argument but you will need to raise that in court and prove it. The burden of proof reverses onto you.
Can I clarify anything for you?
Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

will i lose my license if i don't appeal as other 2 convictions are in last 3 years

Expert:  Jo C. replied 2 years ago.
Aren't all three within 3 years?
Customer: replied 2 years ago.

sorry for delay yes all 3 in last three years so how long would i lose license for do you think?

Expert:  Jo C. replied 2 years ago.
The starting point is 6 months unless you can convince the court that exceptional hardship applies.