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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70416
Experience:  Over 5 years in practice
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I would like advice on a driving matter, having a clear

Customer Question

I would like advice on a driving matter, having a clear licence a month ago and doing around 45000 miles year, I know I have to be careful BUT I have been caught 3 times in the last month, once for 35 in a 30, offered a driving speed course but did one 2 years ago. doing 82 on a dual carriage way, but my worst offence was while stuck in a queue of traffic and going less than 5 miles an hour was caught sending a text by the police and given 6 points. All in all a disaster. I work as a rep and therefore need my licence. Is there anything that I can do to save me losing my licence?
Submitted: 5 months ago.
Category: Law
Expert:  Jo C. replied 5 months ago.

Is there any way you could travel without driving?

Customer: replied 5 months ago.
No, I cover the whole of the south west visiting hospitals and public transport rubbish down here
Expert:  Jo C. replied 5 months ago.

Are taxis prohibitive?

Could you pay a driver?

Customer: replied 5 months ago.
I live in Devon and cover areas such as Gloucester, cotswolds, worcester, Devizes Swindon Bristol these are over 100 miles to get there, travel to units before I return home so often do over 200 miles a day so taxis would be huge cost, I earn £58000, I am the main earner, husband earns less than 20K have a daughter which I have to pay her accommodation at uni as i am over a certain money threshold have another going this year, mortgage and bills etc just would not allow me to pay the extra.
Expert:  Jo C. replied 5 months ago.

If you acquire more than twelve points in a three year period the starting point is that you will banned for six months for totting.

However, you can make an application to avoid a ban or reduce it on the basis that you will suffer exceptional hardship. That does really mean exceptional rather than just inconvenience though.

On the topic of loss of work, courts can be a bit hit and miss. You should bear in mind that the burden of proof passes to you so you will have to prove the nature of your work and why it is not possible to do it otherwise than by driving. That usually means getting evidence of train and bus time tables and proposals from taxi companies over the cost.

That said, there is conflicting case law on the topic of whether or not loss of job alone is adequate. I have always found the way to win these things is to show that there will be an impact upon innocents such as employees or family who will be put out of their home if you cant put the mortgage etc etc.

Can I clarify anything for you?

Jo

Customer: replied 5 months ago.
Although I earn 58,000 a year, husband on less than 20k I am the main earner, have 1 child at uni and pay for her upkeep which is £450 a month, plus mortgage of £850 and all bills. I do have another child at home plus she will be going to uni in September which will incur costs again plus the costs of daily living would not allow me to pay for this and guessing I would lose my job if my licence is taken away.
Expert:  Jo C. replied 5 months ago.

I think our posts crossed?

Customer: replied 5 months ago.
Ah was not sure what was happening
Expert:  Jo C. replied 5 months ago.

Can you see above?

Customer: replied 5 months ago.
just read your post regarding impact to others, will have to go down that route and fingers crossed ...
Expert:  Jo C. replied 5 months ago.

Usually you win these things if you produce evidence of the impact that it will have upon others.

Remember you have the burden of proof so you have to produce evidence.