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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70508
Experience:  Over 5 years in practice.
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My stepson has been convicted without due care

Resolved Question:

my stepson has been convicted for driving without due care and attention on 10/07/15 he was given 7 penalty points and as he has not held the licence for 2 years it will be revoked. he pleaded guilty by letter without telling us not thinking he would be banned. is there any procedure for an appeal thanks .he will lose his job
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.
What is the manner of driving?
Customer: replied 2 years ago.

not sure what you mean by manner of driving

Expert:  Jo C. replied 2 years ago.
The circumstances of the alleged drving?
Customer: replied 2 years ago.
The vehicle pulled out into its offside lane and accelerated starting to overtake the car in front on a sweeping lefthand bend this vevicle continued to overtake and in doing so drove around the wrong side of a keep left bollard befpre cutting back into the correct lane this was 12.12am
Expert:  Jo C. replied 2 years ago.
Your step son did this?
Customer: replied 2 years ago.
Yes and he has had his licence since last summer
Expert:  Jo C. replied 2 years ago.
He isn't banned. He is subject to revocation.
He does have an automatic right of appeal to the Crown Court from any decision of the Magistrates Court but it would be risky here. If the facts are as you say then this is at the higher end of driving without due care and he could be banned outright on appeal. There would certainly be an increase in costs.
In terms of his job, he is not on a ban. He just needs to take his test again and he can drive again. His licence has been revoked not disqualified.
Sporry if that is bad news.
Can I clarify anything for you?
Jo
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