Hello, I am a solicitor with 20 years experience. I will try to help you with this.
OK so you had 3 points on your licence for an L plate. Can you just help me with where you are on the second set of 6 points? Waiting for a court hearing perhaps?
No I am afraid that it really needs to be done through this forum. Can you just put in time order the points and offences and when you passed your driving test.
Yes I am here. Like most lawyers on this site I fit these answers around other work so replies are not always instant.
You had an insurance policy so why have they summonsed you for no insurance? Were you given a producer?
Ok so you have a defence to the no insurance matter that is 3 points gone. But it leaves you with 3 coming. Why were you driving without L plates if infact you were?
I need to have a look at some law which I don't have with me at the moment to see if you have a real chance of getting less than 3 points if you make admissions etc. In order to do that you will almost certainly need to be represented by a solicitor who really knows what he is doing.
I will be able to look at the book I need to later. One thing I don't understand is this. If you were driving on provisional legally then there was a qualified driver next to you. Why didn't they drive? Why was it such an emergency that you were unable to put on L plates and then go? These are questions the court may well have.
I think our last communications crossed. I think you will need to attend court and you will need to instruct a specialist solicitor to have any chance of getting less than 3 points. But I will get back to you later this evening with more information.
Wait I will give you a definitive answer later tonight when I have had a chance to look up whether you have any possibility of getting less than 3 points for no L plate. Please also can you answer my questions above?
What have you been summonsed or then. Is it driving otherwise than in accordance with a licence?
Can you just tell me what Act and section the offence alleged is under.
that code is for driving otherwise than in accordance with a licence. The sentence for that is a minimum of 3 points and a maximum of 6. You can not argue exceptional hardship through losing your job in these circumstances because you will not be banned but automatically sent back to retake your test. The only possible argument to avoid the 3 points is to argue special reasons eg use in an emergency. But for this to be usable it must have been a real emergency, there must have been no alternative to using the cart and the car must have been used to the minimim extent.
There is a remote possibility that you could use an emergency as a special reasons argument to try and avoid the imposition of 3 points for driving otherwise than in accordance with a licence. This will be difficult. You will need to explain that it was a genuine emergency, that there was no alternative to you driving (eg getting cab) and that you did not drive more than was absolutely necessary. Even if you do all this you may not be able to persuade the court not to impose the 3 points. There is basically no chance of yo ding this successfully without representation. In order to have any chance of protecting your licence and keeping your delivery work you need to instruct a solicitor.
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