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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69374
Experience:  Over 5 years in practice.
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I am being charged for a speeding offence (36 mph in a 30mph

Customer Question

I am being charged for a speeding offence (36 mph in a 30mph zone) I already have 9 points on my license. I intend to plead guilty and a further 3 points will mean a ban. can this be avoided?
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Jo C. replied 1 year ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
What impact will it have upon you if you are banned?
Customer: replied 1 year ago.

I have been caring for a person with severe learning disabilities (fragile X syndrome) for over 15 years. He needs constant support and is unable to use public transport because of incontinence and anxiety episodes.

My partner Ms Bell is awaiting a heart operation at St Thomas Hospital. She has benn diagnosed as having arterial fibillation and an enlarged chamber. She is not able to use public transport because she has a tendancy suffer blackouts on a daily basis

I am 70 years old and have been driving since 1970 with 70 percent no claims bonus.

Expert:  Jo C. replied 1 year ago.
Ok.
Is there anybody else who could drive these people about?
Why do you need to drive to do things like his shopping?
Customer: replied 1 year ago.

They live at home with me and there is no one else to drive them about.

They can't attend medical appointments, social events, shopping etc without being driven.

! am not able to carry shopping because of a painful right knee. I have had 2 operations on it and had the cartiliges removed.

Expert:  Jo C. replied 1 year ago.
Thanks.
If the 9 points are within the last three years then you are facing a ban for totting. There is no way around that.
The only way to escape a ban is to argue exceptional hardship. Exceptional hardship does not mean inconvenience. Everybody suffers inconvenience if they are banned and that was the intention of parliament. Exceptional hardship really does mean exceptional hardship. There have even been cases that have said that loss of a job is not sufficient on it's own.
I have found generally that the Courts are more sympathetic to the argument that another person who is innocent will be adversely affected if somebody is banned. That is basically what you are raising above. The difficulty with that argument is that you have to satisfy the court that there is no other option than for you to drive. They will usually investigate that. Medical emergencies never get anybody anywhere because the court will say you can always call an ambulance. There are lesser medical appointments that don't amount to an emergency though but then you have to satisfy a court that public transport is not possible and why. Also, do remember that public transport includes taxis.
You do have the basis of an argument but you need to address these particular points, prove them to the civil standard and also explain why public transport, including taxis, cannot be used.
Can I clarify anything for you?
Jo

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