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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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Is it possible to defend a totting up ban - I have 9

Resolved Question:

Hi
Is it possible to defend a totting up ban - I have 9 points on my licence now and while I don't have any pending speeding tickets - I'm really concerned this will impact my job if my licence is taken away. I drive c. 30,000 PA and it seems the escalation in the number of cameras is making speeding an occupational hazard..
Thanks for your time and advice,
Simon
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Yes, you can ask the court to reduce or remove a ban on the basis that you will suffer exceptional hardship. I really seriously wouldn't say anything about occupational hazards though as that will be the kiss of death. Their view will be that it is for you to drive in accordance with the speed.
Exceptional hardship does mean exceptional hardship though. It doesn't mean inconvenience. You will need to show that you wil for certain lose your job if banned rather than just make it harder.
Also, usually these applications are assisted if you can show that it will have an impact upon others who are innocent. Family members who are affected etc. Be prepared though to have to prove their are no other alternatives - no other relatives who could drive them to classes or hospital appointments, no public transport etc.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.

Thanks Jo - pretty much as exoected - what would be the likely duration of any ban under these circumstances..

Thanks again,

Simon

Expert:  Jo C. replied 1 year ago.
If the application fails then it would be six months.You might succeed. People do sometimes. The biggest reason people don't is that either their claim has no merit or they don't prepare it properly.
Jo C., Barrister
Category: Law
Satisfied Customers: 69534
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 1 year ago.

If I get another ticket, I'll be in touch to ask on the preparation front.

Thanks for your help, Simon.

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