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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70535
Experience:  Over 5 years in practice.
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My wife was caught speeding in February and we did not get

Resolved Question:

My wife was caught speeding in February and we did not get the documents back to the DVLA within the stated response time. The car is registered in my name and I have 6 points on my license. The court sent a letter asking me to plead to 2 offences - I pleaded guilty to not sending the documents and not guilty to speeding (as my wife was driving). I have now been sent a retrial date and a warning that I may gain sufficient points to disqualify me from driving. I drive for work and loosing my license would almost certainly mean loosing my job. I have 3 small children one with ASD and I would be unable to support my family. I suffer from depression and this issue is obviously adding to my stress. Please could you advise on the possible outcome. Is there anything I can do to prepare for the retrial? Would having a solicitor at the retrial help me to keep my license?
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Jo C. replied 1 year ago.

Are you asking if you can avoid disqualification?

Customer: replied 1 year ago.
Customer: replied 1 year ago.
Also if having a solicitor at the court would help
Expert:  Jo C. replied 1 year ago.

Sorry but what is the retrial over?

What was the first trial?

Customer: replied 1 year ago.
We were told that because i pleaded not guilty to the speeding (as my wife was driving) we would need a more thorough retrial
Expert:  Jo C. replied 1 year ago.

I'm rather surprised they want to prosecute that. They have no evidence that you were the driver

Just give evidence that you were not and get your wife to confirm that - if indeed you were not of course.

Expert:  Jo C. replied 1 year ago.

That still leaves you with failing to identify though which does carry a minimum of six points.

If you have another active six then you are at risk of a ban for totting.

The only way that can be avoided is to argue exceptional hardship applies.

Expert:  Jo C. replied 1 year ago.

Exceptional hardship really does mean exceptional though rather than just inconvenience.

Expert:  Jo C. replied 1 year ago.

If you do something like drive a taxi for work then probably that would be covered.

If you just prefer to travel to work by car rather than public transport because it is easier and cheaper then that would not.

Also there is case law that says loss of job alone is not sufficient to argue exceptional hardship. I have usually found the way to run that though is to argue that loss of job will have an impact upon innocents affected like family members.

Expert:  Jo C. replied 1 year ago.

Since you have the burden of proof it is generally better to have a solicitor than not although they are expensive and you will not recover.

A barrister under public access might be cheaper.

Can I clarify anything for you?

Jo

Customer: replied 1 year ago.
What is a barrister under public access please. How much money are we talking please?
Customer: replied 1 year ago.
I have a company van that I drive all day. I work for Veolia and travel around sites as a technician repairing maintaining equipment. I have a wife and 3 children age 2, 4 and 6 and earn good money to support them. This would certainly be affected if I was disqualified. Would this info help me to keep my license please?
Customer: replied 1 year ago.
Sorry Jo are you still there?
Customer: replied 1 year ago.
Do I have to send information regarding my reasons for disqualification to the court before I attend?Thank you Jo for all your help
Expert:  Jo C. replied 1 year ago.

A solicitor would probably charge several thousand.

A barrister under public access would probably be about £500 although you would only get a very junior tenant.

You have the burden or proof so there is lots of work to do before attending.

You have to prove the exceptional hardship.

Customer: replied 1 year ago.
Thank you Jo you have been very helpful. We will need to decide if we feel capable of defending ourselves.
Expert:  Jo C. replied 1 year ago.

It is not particularly legally complicated really.

It just a matter of knowing what needs to be proven.

Customer: replied 1 year ago.
Do you mean proving that I was somewhere else at that time? Not easy as it was in Feb and such a long time ago. My wife usually drives this vehicle and me my company van.
Expert:  Jo C. replied 1 year ago.

No, proving that you will suffer exceptional hardship.

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