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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70179
Experience:  Over 5 years in practice.
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I was caught doing 38mph in a 30 zone in august last year.

Resolved Question:

i was caught doing 38mph in a 30 zone in august last year. at the time i had 9 points on my licence , i am due in court on monday to get banned for 6 months however my licence now only has 3 points on it can they give me 9 points for 8 mph over the limit?
Submitted: 2 years ago.
Category: Traffic Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
No they cannot give you 9 points but the issue is the number of points at the time of the offence not the time of sentence.
Even if the court don't notice the DVLA will and you will be banned for totting I'm afraid.
The only way to escape that is to argue exceptional hardship
Sorry if that is bad news
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

but i may not be guilty ?what if my cars odometer is slightly of we are only talking 3mph also ive been flashed 3 or 4 times in this car alone in the last year and a half prior to that i never got speeding fines so could i maybe get a garage to check my odometer callibration

Expert:  Jo C. replied 2 years ago.
The accuracy of your speedometer is not a defence. If you were travelling at speed then you are guilty even if you have no speedometer - which would be a vehicle defect failure and carry 3 points of itself.
Jo C. and 4 other Traffic Law Specialists are ready to help you
Customer: replied 2 years ago.

thanks for your help you were helpful in telling me what i figured already . i had to cancel my last question as nobody got back to me and i was in a waiting line also they tried to charge me another 26 pound ,so have asked for a refund of that second amount

Expert:  Jo C. replied 2 years ago.
You can ask follow up questions on this post?
Customer: replied 2 years ago.

it was only asking basically if dropping my daughter to school every day as she is unable to take a bus on her own without deep anxiety issues .also i am a site carpenter and need my car to transport my tools around to various sites would this be somthing that may get me a reduced ban if im lucky

Expert:  Jo C. replied 2 years ago.
It is the basis of an argument but it does require more than that.
Remember the burden of proof passes to you to show that you will suffer exceptional hardship.
You will need to raise some evidence that you cannot carry your tools around otherwise or that somebody else could not be tasked with driving. You may need to call your employers to prove that.
In relation to your daughter's school, that could go either way. I have found generally Magistrates are more sympathetic to exceptional hardships that are based on the effect it will have upon innocents around the offender. However, on the downside, I rather suspect that quite a lot of thing think that anxiety issues are a load of nonsense. It is probably worth raising it but I wouldn't rely on it.
Customer: replied 2 years ago.

she has been like it since her mum left us a few years back with nowhere to live and yes my boss is writing me a letter also i can show my daughters attendance record in school which drops drastically if i dont take her pesonally ,,,she just waits til i go to work and then goes back to bed

Expert:  Jo C. replied 2 years ago.
A better point then would be that she has attendance issues. You have an obligation as a parent to ensure she attends school.
The trouble with that is that all it means is that you have to take her. It doesn't mean you have to drive.
If you want to argue you have to drive then you need to show why specifically you can only drive her.
Most applications fail because people don't prepare them properly.
Customer: replied 2 years ago.

well where i work at the moment and where her school is ,,combined with the time scale of me starting at 8am ,,,but then if i lose my job i can get on the bus with her i supose. i think i need to admit that it's inevitable ,,,,my only other chance is if the magistrate thinks im cute ..lol trust me that aint gonna happen,,should i write everything down that i want to say as i kind of frose up last time i went,,and thanks again for your help i know i left it a bit late really

Expert:  Jo C. replied 2 years ago.
The timescale is an argument.
You need to prove that you have to drop her off at the latest by X time and then cannot get to where your employer needs you to be by the time required.
That is the basis for an application. You just need to prove it.
Most people with these applications do because they do what you are proposing to do at the moment and just turn up and offer their account. It doesn't work like that. You have to raise evidence.
Also, there are a lot of ridiculous applications.
Customer: replied 2 years ago.

so looks like i need to get myself into gear then and get the relevant pieces of paper together as evidence can i perhaps show you what i come up with by tomorrow evening and then you can give me your oppinion

Expert:  Jo C. replied 2 years ago.
Yes, good idea.
You need to check the bus and train routes primarly to confirm that you cannot do it all by public transport. There will be work in that.

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