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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69253
Experience:  Over 5 years in practice
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In the space of a week; I have received a NPO above

Resolved Question:

In the space of a week; I have received a NPO for going above a variable speed limit and have been stopped by the police for driving 101 mph on dual carriageway.
I already hold 6 points on my license for two separate offenses both issued via speed cameras.
I am a contractor and due to the nature of my job I need my license in order to work per needing to travel from East Anglia to the Midlands each week as well as seeing clients across the UK. My partner drives but does have a cr as she works locally near our home.
I admit to driving above the speed limit or though I did not admit to this at the time and the recent NIP I received the day after; unaware that It was incomming.
This one I do contest as the motorway in question was continually changing the speed limit between 50 to 60 throughout making difficult to judge.
But away from this I need to know what to do next?
I have not yet received the 101 mph letter nor have I replied to the NIP.
Please let me know how best to proceed and whether in your experience; people have still been able to keep their licence.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
I presume this was a 70mph zone ?
It wasn't reduced?
Customer: replied 1 year ago.
The Police Officer stopped me on a dual carriage way governed by national speed limit.
The NIP was a temporary 50 mph speed restriction on a motorway - I was caught on a automatic camera device at (exactly) 60 mph.
Expert:  Jo C. replied 1 year ago.
There are two separate incidents?
One is 60 mph in a 50mph zone
The other is 101 in a 70 mph?
Customer: replied 1 year ago.

That's correct.

Within a week it would appear that my journey to the Midlands has resulted a NPI for driving at 60 mph in a temp 50 mph zone and my trip back ended with my being stop by the a police offer; where he advised I was driving at 101 mph.

Can I quickly add, that I drive to and from the Midlands each week and have done for the last 2 years and that this is by no means a typical example of my driving.

Expert:  Jo C. replied 1 year ago.
I suppose your other 6 points were incurred within 3 years?
Customer: replied 1 year ago.

Yes, both separate occasions - one in July and the other Nov.

First for driving at 75 mph in a 70 mph and the second 45 mph in a 40 mph - both via situated speed cameras.

Expert:  Jo C. replied 1 year ago.
that isn't particularly good news I'm afraid.
Come what may, there are six points upon your licence and they are within the last three years and so a valid consideration for a court.
The matter of doing 50 within a 60 zone will just lead to 3 points and a fine and so probably just attracts the fixed penalty. They may offer the speed awareness course but they should not really because have another six live points and usually that is preserved for people without points or with only three.
The second matter is the difficulty. If this is 101 within a 70 mph zone then the sentencing guideline says that you should receive either six points or a ban of between 7 to 56 days and assign obviously.
Six points will take you over the 12 that the courts require the purposes of totting. Regrettably that will mean that you are at risk of a ban for six months.
It is an option for the courts to impose an instant ban for a short time and if your goal is to keep driving then that might suit you letter because although it would have a horrendous effects upon your insurance, the advantage is that you would in a short time get your licence back clean.
If it comes down to ban the totting then the only way to avoid that is to try to argue that you will suffer exceptional hardship if disqualified.
Can I clarify anything for you?
Customer: replied 1 year ago.

In your opinion should I have legal representation at the Magistrates hearing for the second matter; especially now that I have received NPI which will increase my points to 9?

Expert:  Jo C. replied 1 year ago.
do you need to avoid a ban ?
Customer: replied 1 year ago.

As previously mentioned; should I lose my driving license then I lose my ability to work - so yes, I do need to avoid being banned?

Would a solicitor/lawyer deal with each issue individually or would both penalty's be interlinked within the hearing for 101 mph?

Expert:  Jo C. replied 1 year ago.
It depends who you use and how you go about it.
A solicitor would deal with both.
A barrister under public access would be much cheaper but you only instruct them for specific tasks - e.g to mitigate upon one or the other or both. Overall it would be cheaper.
Generally speaking, representation does help but obviously there is a cost.
Customer: replied 1 year ago.

So in conclusion Jo; what should be my steps in trying to avoid incurring a ban from these two issues?

Expert:  Jo C. replied 1 year ago.
Well, as I said really.
Either hope you get a short ban which could happen.
Or, if you do not, argue exceptional hardship. There isn't really a need to choose between one and the other.
Jo C., Barrister
Category: Law
Satisfied Customers: 69253
Experience: Over 5 years in practice
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