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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70512
Experience:  Over 5 years in practice
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I currently have 9 points on my driving licence for

Resolved Question:

I currently have 9 points on my driving licence for speeding. I have just received a NIP last friday for speeding at 76mph on the M1 exceeding the 60mph variable speed limit. The time was 8.45 am so very busy on the M1 can not honestly remember seeing the variable speed warnings and presumably just keeping up with moving traffic. I know I have to complete the form to say I was driving. Will this result in an automatic ban or will I get a summons to go to court? What time frame do you think this might take? I know It will result in hardship if I get a ban as I know my company will sack me as I am required to drive for my job. Would it help if my boss wrote a letter to say I will be sacked if I am banned? My 89 year old mother also lives with us now and I have to take her to the doctors on a regular basis, hospital and other places so she can get about, would this help? I do not have any other dependents living at home apart from my wife. Thanking you in advance.
Kind Regards
C Perry
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.

What are the dates of your points?

Are they all live?

Customer: replied 1 year ago.
Hello I collected 6 points on the 2/1/14 and 3 points 22/6/16
Expert:  Jo C. replied 1 year ago.

Ok. They are active.

What type of work do you do?

Customer: replied 1 year ago.
I am a sale man travelling up and down the country aprox 18,000 miles pa.
Customer: replied 1 year ago.
salesman sorry
Expert:  Jo C. replied 1 year ago.

Is it possible to do this work by public transport?

Why not specifically?

Customer: replied 1 year ago.
I believe I have attended a speed awareness course in the past three years as well. But I believe I would not be offered this as I was i mph over the agreed limit of 60mph plus 10% plus 9mph.
Customer: replied 1 year ago.
No very difficult as my customers are in not very accessible parts of the country, plus my boss would not allow me to travel this way I do not believe. I am sure my contract states I must have a full uk driving licence
Customer: replied 1 year ago.
Are you still there?
Expert:  Jo C. replied 1 year ago.

You really need to get to the bottom of that. That will be critical.

Your points are live. If you get another three points then you will be liable for a ban under the totting provisions.

The only way to avoid that is to argue exceptional hardship applies. That does not mean inconvenience. It means exceptional hardship.

Firstly you have to prove that you would lose your job upon loss of licence. They can't just write a letter. They have to attend court to give evidence on the point.

Secondly, there is caselaw to the effect that loss of job alone is not sufficient. Usually though you can get around that by arguing it will have an impact upon innocents who had no control over the manner of your driving. They need to attend court to give evidence.

Can I clarify anything for you?

Jo

Customer: replied 1 year ago.
How soon am I likely to be summonsed to court do you think once I have submitted the form? Roughly how long do you think I might be banned for if I receive 12 points in total?
Customer: replied 1 year ago.
Are you still there please?
Customer: replied 1 year ago.
How soon am I likely to be summonsed to court do you think once I have submitted the form? Roughly how long do you think I might be banned for if I receive 12 points in total? Thank you Jo?
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Jo C. replied 1 year ago.

The reason you are experiencing delay is that you keep posting before I have responded which pushes the question to the back of my list.

They have up to six months and they do regularly take that long I'm afraid. There are no real guarantees.

I would imagine it would normally take them three months to get this into court.

Customer: replied 1 year ago.
Thanks Jo, in terms of a ban how long do you think I might get if they do not accept my hardship case, I will try and get my boss to go to court with me if possible, to confirm I would lose my job if I was banned.
Expert:  Jo C. replied 1 year ago.

Six months.

He needs to go. Otherwise you could get him to write a letter to that effect. Strictly speaking they shouldn't consider a written piece of evidence but they make the rules up at the Magistrate sCourt as they go along.

Jo C. and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you for your help, doesn't look to promising on the face of it, regards Charlie.