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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69532
Experience:  Over 5 years in practice
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I was hoping you could help me about a driving offence

Resolved Question:

Hi, I was hoping you could help me about a driving offence question.
I have 6 points on my driving licence. The first offence was on 25/5/13 (offence code SP30) for which I paid a fine. The second offence happened on the 22/12/14 (offence code SP30) for which I paid another fine.
On 28/3/16 I was stopped by police and charged with driving without third party insurance (which was true, I had let my insurance lapse and not updated it).
Today I have received a letter from the police giving a conditional offer of a fixed penalty of £300 and 6 points on my licence. I need to reply and pay this fine within 28 days.
Can you tell what I should do now? My first driving offence expires on 25/5/16. If I post the fine amount and send my driving license to the police after 25/5/16, will I technically then only have 3 points on my license or will it still be 6 points. Obviously I am concerned about he possibility of this be taken to court.
I would be very grateful for you advice.
Yours faithfully,
Fiona Le Quesne
Submitted: 8 months ago.
Category: Law
Expert:  Jo C. replied 8 months ago.
What are you hoping to achieve?
Customer: replied 8 months ago.
I was hoping not to have to go to court (I can do without the stress) or have the possibility of losing my licence. I work as a locum general practitioner and need the car to do home visits, an integral part of the job.
Expert:  Jo C. replied 8 months ago.
I'm afraid this is going to court. There is no way around it. The only way it will be avoided is if they forget to summons which does sometimes happen but you can't rely on it. It really doesn't matter when your points expire. The relevant date is the date of the offence and, at that time, they were active upon your licence. Even if the court don't pick up on that the DVLA will when points are added. You do not have to go to court. You are not on bail. However, if you do not then you would be banned in absence which is a bad thing generally as it almost guarantees a second offence. Also, you may have an exceptional hardship application to avoid a ban that can only be made in court. Sorry but I can only give you truthful information. Can I clarify anything for you? Jo
Customer: replied 8 months ago.
Thank you. Can I just ask what you mean by guaranteed second offence? Do you mean I can have a second offence for not attending court?
Customer: replied 8 months ago.
Also, in your experience would working as GP be an exceptional circumstance? Have many other GPs been banned who are in a similar position to myself?
Thanks
Expert:  Jo C. replied 8 months ago.
People who are banned in absence don't know they are banned. Therefore they are usually picked up driving on a ban which is an offence.
Expert:  Jo C. replied 8 months ago.
Occupation alone isn't usually enough. It depends really. It depends on the nature of your practice. If you just run surgery and don't do home visits then there is no exceptional hardship application. If you do home visits that are not emergencies then you are going to really struggle to show that there it an exceptional hardship claim. If you do deal with emergencies then you would have the basis of an argument although you might need to show that taxis are not possible for you.
Jo C., Barrister
Category: Law
Satisfied Customers: 69532
Experience: Over 5 years in practice
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 8 months ago.
Thanks for all your help.
Kind regards,
Fiona
Expert:  Jo C. replied 8 months ago.
No problem. All the best.

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