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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am about to appear in court offence which I

Customer Question

I am about to appear in court for speeding offence which I was not aware off and have been charged with failure to provide driver information. And are considering to disqualify me. - totally depend on my ability to drive as a disabled person and I will almost loss my job and will not be able to function including supportin my son. School runs, his athleicss and music. Please advise how I should handle this. I am worried sick and hearing is this thursday
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.Did you not get the Notice of Intended Prosecution, or any reminders?Is the speeding charge still available on the summons?
Customer: replied 1 year ago.

I did not get any notice or reminder and it is not somethig I would ignore if I had. I left my hone fo a period of timr due to divorce which I am still going through and flooding incident only jsyt moved back in in march.

The speeding charge is not included.

Expert:  Ash replied 1 year ago.
Did the Police send it to that address? Did you inform the DVLA of the change of address?Do you currently have any points?
Customer: replied 1 year ago.

It was claimed so - that the police sent to my address. Me and my son were in a hotel fromtime to time and with relatives most weekends. I did not think I had to inform dvla. I don't even know detail of the charge. I have 4pionts on my licence.

Expert:  Ash replied 1 year ago.
Ok - the Police would have sent the forms, if you have the statements now you will see they did. This is the initial S.172 notice which you are required to complete and send back.Forgot the speeding offence, that has gone now. But it seems that you have to plead guilty to the offence as you didnt send the forms back, when you are required to do so by law. For this you will get 6 points which means 10 in total, so you will NOT be disqualified.But it may be able to plead guilty with special reasons. If you have evidence of the flood, ie letters from your insurance company saying you cant live there, they are carrying out works etc, the Court can consider this and may not give you points.But you MUST have evidence, you cant just say there was a flood and show nothing to the Court. They must be some documentation to show that you could not live in the property.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.

Do you mean I must have been charged without me knwing and got 6 points making 10 points on my licence? Or that they will charge me with speeding? I am normally a slow driver and couldn't imagine when I did this, where and what the speed was. How csn I find out before court appearance on thursday? I have proof of flooding and insurance work which is still ongoing. We still have no cooking facility and only partially back home. Lost a lot of things in the flooding including soaked papers, letters and clothing and soft furnishings etc.

Also, do I need a solicitor to represent me at the hearing?

Expert:  Ash replied 1 year ago.
It looks like you are due to be sentenced. So it may have been proven in your absence. They wont charge you with speeding as that is not on the summons. So its only the failure to give information which you will get 6 points. That means 10 in total.I would call the court and ask what the hearing is for. If its the first hearing you could plead guilty and try to advance special reasons. If its for sentence then you turn up, get sentenced and can seek to appeal to the Crown Court at a later date if you wish.I would take a Solicitor - yes.Does that clarify?Alex
Customer: replied 1 year ago.

The appearance is in the magistrate court. The notice I I got says new date. I was not aware of the first one. I ws luck to get this one because we'd come home. Is that sentencing hearing then? The hardship would be be almost unthinkable if I am banned for any period of time. What can I do on thursday to avoid being banned? -it will cripple me straight away. What if I can't get a solicitor by thursday? Will I have. To get a barrister since you mentioned sentencing a possibility. I am really worried. Please advice on various scenarios you think might apply. I worry about the hardship extent and severity.

Expert:  Ash replied 1 year ago.
As I have said, if you have 4 points then this offence is 6 so you wont be banned. You will only have 10 points in total so wont be banned under the totting up procedure. You just need a Solicitor. You will get fine and a 6 points - that is it.Does that clarify? Alex
Expert:  Ash replied 1 year ago.
If this answers your question could I invite you rate my answer 3, 4 or 5 starts before you leave today.I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen. Please do not forget! Thank you.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Customer: replied 1 year ago.

Apologies I have not come back I was following your instruction. I have obtained the dvla report and showed 10points on my licence. The record is inconsistent with the court record. It would appear that they charged me with both failure to provide information as well as speeding, tough I was advise to plead guilty to one and the other would be dropped. I pleaded guilty to speeding giving 4 points. The 6 point should not have been added. Should my first point be to find details of all these cases and see which is which? The confusion needs sorting out to avoid future issues and further mess. Please advise

Expert:  Ash replied 1 year ago.
Yes. You should only be charged with speeding OR failure to provide information - not both.I agree the 6 points should not have been added and you can appeal this conviction and sentence.That is what you should do.Can I clarify anything for you?Alex
Customer: replied 1 year ago.

I came back to you to thank you for your help. In court yesterday. The 6points were removed- gone now and my licence is ok.

Regards.

Expert:  Ash replied 1 year ago.
Great. If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex
Ash and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.

Hi Alex

I am thinking of applying for a provisional licence for my son who is now 16 so hew could start driving lessons. Given the recent experience I want to make sure that he would be able to drive to attent his regular medical appointments and school if I can't take him. Can I do this stating special circumstance?

Customer: replied 1 year ago.

Hi again

I am thinking of applying for a provisional licence for my son who is now 16 so hew could start driving lessons. Given the recent experience I want to make sure that he would be able to drive to attent his regular medical appointments and school if I can't take him. Can I do this stating special circumstance?

Expert:  Ash replied 1 year ago.
If you have your licence back then you dont need to worry. If he is 16 then he can apply for a provisional licence.Does that clarify?Alex
Customer: replied 1 year ago.

Yes Thank you. i thought he has to be 18!

Expert:  Ash replied 1 year ago.
He does to drive a car yes. But he cant drive a motor vehicle until 18. He cant drive it younger
Customer: replied 1 year ago.

Sorry, I am a bit confused. If he applies for provional licence now, will he get it? And will he be able to take driving lesson with it?

Expert:  Ash replied 1 year ago.
Yes he can get a provisional now but only able to drive a moped. He can take a driving test but wont be able to apply for a FULL licence until he is 17.Alex
Customer: replied 1 year ago.

He will have to drive a motor car during lessons to prepare for a driving test. So he can get a provisional driving licence for this purpose. Is this what you are saying?

Expert:  Ash replied 1 year ago.
Correct. But can't get a FULL licence until 17.
Customer: replied 1 year ago.

Very clear & Many thanks indeed again.

Kindest Regards, Lola

Expert:  Ash replied 1 year ago.
Happy to help Lola.