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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My 24year old son has received a Single Justice Procedural

Resolved Question:

My 24year old son has received a Single Justice Procedural Notice for answering his phone whilst driving.He is pleading guilty. He has accumulated 9 points over the last 2 years - driving over the speed limit and jumping the lights.
He is the top car salesman for a small branch of a national company, and drives around 40,000 miles a year around the UK delivering the cars he has sold. A driving ban would be devastating for both his career and his branch, his Manager is willing to speak for him in court.
Should he:
A.Plead guilty online.
B.Plead guilty by post with a letter from his Manager.
C.Go to court, plead guilty and ask for mitigation.
And finally if you advise A or B and he receives a ban is it possible to appeal.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

Hello my name is ***** ***** I will help you.

How many other driving offences does he have, is it 2?

Customer: replied 1 year ago.
He has 3 - i think 2 for speeding and 1 for a red light - 9 points altogether.
Expert:  Ash replied 1 year ago.

OK - well its a mixture of news.

He should go to Court and plead guilty. This is because he will get 12 points.

The court will then need to consider whether he should be disqualified under the totting up procedure, as he has 12 points.

The court has to ban him unless he can show exceptional hardship as a result of the ban.
Losing your job is not enough as there is case law in Wilkinsons practice book on traffic offences which says that even a taxi driver who had points did not show exceptional hardship.

He needs to show it would not only be hardship for him but others who rely on him as well.

He should instruct a Solicitor to attend and present this argument. If accepted, the court can allow him to continue driving but he would be driving with 12 points.

This means ANY other driving offence which attracts points before the old ones come off, mean he will be banned. He wont get another chance.

Can I clarify anything for you about this today please?

Customer: replied 1 year ago.
Thank you for that, if he does get a ban do you know how long it would likely be , and also could he appeal?
Expert:  Ash replied 1 year ago.

It would be for 6 months. He could appeal to the Crown Court.

Does that clarify?

Customer: replied 1 year ago.
it does Thank you.
Expert:  Ash replied 1 year ago.

If this answers your question could I invite you to rate my answer before you go today, otherwise the site doesn’t pay me for the time spent with you. Thanks in advance and good luck.

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