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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69369
Experience:  Over 5 years in practice.
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I already have 6 points on my license and have recently received

Customer Question

I already have 6 points on my license and have recently received a charge for 51mph in a 30mph.
I pleaded guilty by post initially (which they asked me to do) then was asked to come to a face to face hearing today to decide if I will be disqualified.They Have now asked me to come back for an exceptional hardship hearing in two weeks.
My wife and I are having identical twins in 8 weeks and she will be unable to drive for another 6 weeks so I will be the only driver of the family to attend to our babies. We already have a 4 year old. I am also the sales and marketing director at a small bakery business and also a shareholder.
We took the business out of administration saving 20 jobs and creating another 10 for bakers and apprentices by growing sales rapidly over a 3 year period.
I could take the stance as an employee and the major shareholder would write a letter stating my job could be uncertain if I lose my license and because of the importance I have in the company for growing sales job losses could happen.
I have a mortgage to pay.
Or I could take the stance as an owner of the business Driving is essential to run it. If I couldnt sales could fall and job cuts would have to be made.
So to sum up several innocent people will be effected.
Do I need to bring a lawyer or can I argue the case myself?
Should i act as an employee or a business owner
What evidence do I need to bring
Is there anything else I need to take to court.
If I were to be convicted could I appeal?
I welcome your response
Best regards
Jon
Submitted: 8 months ago.
Category: Traffic Law
Expert:  Jo C. replied 8 months ago.
What are the dates of your points?
Customer: replied 8 months ago.
13th September 2013
16th Feb 2015
Customer: replied 8 months ago.
The latest one which I am in court for is June 2015
Expert:  Jo C. replied 8 months ago.
Ok. They are still active.On your specific points 1 You are generally better off if you have representation although it will rack up the costs.2 You can't really compartmentalise it like that. You have to lay all of your circumstances before them. 3 You have the burden of proof so anything you rely upon has to be proven. You cannot just put letters before court. You have to have witnesses at court to give evidence unless the Crown agree their evidence If you are saying you will lose your job then your employer needs to come to court.Then you need to produce evidence of the mortgage and what impact it would have. Actually they will often not evict.4 Yes, you have an automatic right of appeal to the Crown Court.Can I clarify anything for you?Jo
Customer: replied 8 months ago.
Thanks jo
Just to clarify about witnesses and the crown agreeing their evidence .
The hearing is at the magistrates court not the crown . Do I still need witnesses for this ? Can my boss come into the hearing as last time it was just me?
Expert:  Jo C. replied 8 months ago.
Yes, you can't just submit letters.You have to produce witnesses unless the Crown agree their evidence which they won't do.
Expert:  Jo C. replied 8 months ago.
They might want him to sit outside while you give evidence although they don't normally do that with exceptional hardship apps.

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