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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69371
Experience:  Over 5 years in practice
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I currently have 9 points on my licence. I have recently

Customer Question

Hi, I currently have 9 points on my licence. I have recently been charged with going through a red light, the reality was that I was in a queue and whilst most of my car was across the line, I proceeded through with the queing traffic. I now understand that I should have waited even if onluy part of my car weas behind the line. My question is how best to plead and whether to attend to try and avoid disqualification. My assumption is I should plead guilty but with mitigating circumstances a) in relation to the offence, i.e. whilst conceding the offence, nevertheless this was not the 'dangerous driving' type of going through a red light and was done after being stationary at the lights in traffic and b) in relkation to financial circumstances. Finally do I stand a better chance if I attend or should I just attach a letter? I am most grateful for any advice.
Thanks.
Saul
Submitted: 11 months ago.
Category: Law
Expert:  Jo C. replied 11 months ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What are the dates of your points?
Customer: replied 11 months ago.
Hi Jo,Please license attached.Thanks
Customer: replied 11 months ago.
Don't know if it makes a difference but these were not high speed, speeding offenses.
Expert:  Jo C. replied 11 months ago.
What was the date of this incident?
Customer: replied 11 months ago.
7th July 2015
Customer: replied 11 months ago.
I received the charge notice with posting date of 11/12/15 though it arrived quite a bit later
Expert:  Jo C. replied 11 months ago.
Did you get 6 points for the MS90?
Customer: replied 11 months ago.
yes, its a bit of a story, I actually attended court to explain why I had not responded but I guess it was mandatory so they weren't interested.
Expert:  Jo C. replied 11 months ago.
OK. Is this a charge or a S172 request?
Customer: replied 11 months ago.
is that the 'conceding being driver' form, if yes, that was returned earlier
Customer: replied 11 months ago.
28th July 2015 I beleive
Customer: replied 11 months ago.
does it matter that the evidence wasn't dated by the officer in question? please see attached
Customer: replied 11 months ago.
official error?
Expert:  Jo C. replied 11 months ago.
Ok.
What will be the effect of a ban upon you?
Customer: replied 11 months ago.
potentially I won't be able to do my job, I'm a self employed photographer so need to be mobile in my own vehicle in which I carry a lot of equipment.
Expert:  Jo C. replied 11 months ago.
The problem that you have is that you do, indeed, have 9 active points. This will take you to 12 which will mean that you are at risk of a ban for totting that lasts 6 months. To avoid that you would have to argue that exceptional hardship applies. That is a high test. The burden of proof rests upon you. You need to satisfy the court that you could not do this job by public transport. I realise that would not be convenient but that is not the test. You need to call evidence to explain why it is not possible. Taxi drivers, for instance, can only work if they are able to drive. Can I clarify anything for you? Jo
Customer: replied 11 months ago.
so if I brought images of the amount of equipment I need to transport, which simply could not be done in a taxi
Customer: replied 11 months ago.
and what about financial circumstances? I am on low income receiving family tax credits?
Expert:  Jo C. replied 11 months ago.
Yes, details of what you have to transfer would be helpful.
Financial circumstances is a non issue. This is not an exceptional hardship application.
Customer: replied 11 months ago.
So the effect of a ban effectively preventing my earnings, would not be considered as exceptional hardship?
Expert:  Jo C. replied 11 months ago.
Sorry.
Loss of job can be exceptional hardship although usually you want to concentrate on the impact upon innocents.
Being on low income though is not a consideration.
Customer: replied 11 months ago.
When you say innocents, does that mean my family? if yes I have 8 children living at home relying on my income. My wife is clearly busy as a housewife so does not bring in additional income.
Customer: replied 11 months ago.
plus my house would be at risk because I would not be able to afford mortgage payments
Expert:  Jo C. replied 11 months ago.
Yes, children. Or other relatives.
You have to show that they would be affected - inability to pay the mortgage leading to eviction, inability to take them to school or elsewhere although you will have to explain why your wife can't do that.
Customer: replied 11 months ago.
Thank you, you've been very patient. Finally (I hope) is it better if I attend or should I explain circumstances in my written response?
Expert:  Jo C. replied 11 months ago.
No. You will have to give oral evidence on the point.
It is a complete hearing in court.
YOu might want to get your wife to court to explain why she can't drive the children.
Customer: replied 11 months ago.
transporting the children is not the issue, my wife can, not having the income was the hardship on my children I was referring to, the effect of not earning would have on the running of the household
Expert:  Jo C. replied 11 months ago.
You might want her to explain why she can't work then.
If you are arguing that innocents are affected it is usually a good idea to have them there.
Customer: replied 11 months ago.
seriously? I should take my kids off school and walk into court with 8 kids the youngest of which is 2, won't they accept birth certificates?
Expert:  Jo C. replied 11 months ago.
I wouldn't bring the children.
But your wife is clearly a competent witness.
Customer: replied 11 months ago.
on which point?
Expert:  Jo C. replied 11 months ago.
You might want her to explain why she can't work then.
If you are arguing that innocents are affected it is usually a good idea to have them there.
Customer: replied 11 months ago.
OK just not sure if its practicable. Is there any mileage in me trying to explain how the offense happened?
Customer: replied 11 months ago.
hello?
Expert:  Jo C. replied 11 months ago.
No, how the offence happened matters not.
It would be an issue but this leads to a fixed penalty so it cannot be.
I'm happy to continue with this but please rate my answer.

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