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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70414
Experience:  Over 5 years in practice.
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I have got a summons to court as I failed to change the

Customer Question

Hi
I have got a summons to court as I failed to change the address on my log book.
I am a new driver and didn't know I had to change the log book- I didn't even know what a log book was- I thought my details were updated by me changing my driving license. - silly I know now!
I realised that I needed to change my address and did so a couple of months ago.
Anyway I was caught on a speed camera twice in a week, this was before I changed my address so I didn't get the letters.
The latest letter which is the court summons has my new address on- they must now have put the two offences on a different system which had my updated address on.
So I have a summons with telling me I have been found guilty of two speeding offences and two offended of not informing of the drivers details. I have a court date.
I am a nurse and drive as part of my job- I can not do my job if I can not drive- hence if I lose my license I will lose my job and home.
The maximum penalty points I think would be 2*3 for speeding and 2* 6 for failing to give the drivers details--18 points.
I am a new driver and would have my license revoked with 6 points.
Is there any chance the court would be lenient on me and I could end up with keeping my license and 3 points or less?
I am absolute devastated, please help
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Jo C. replied 1 year ago.

So there are three offences?

Wouldn't it be two offences of failing to identify?

Customer: replied 1 year ago.
4 offences
2 speeding
2 failing to identify
Customer: replied 1 year ago.
Did you get my response ?
Expert:  Jo C. replied 1 year ago.

They will probably take a plea to the speeding offences and drop the failing to identify.

Expert:  Jo C. replied 1 year ago.

They usually do when a plea to speeding is being offered.

However, the reality is that, even if the minimum sentence were imposed, that would still lead to 6 points. There is no way around it. Two different offences will lead to 3 points each.

Expert:  Jo C. replied 1 year ago.

I'm afraid that 6 points will lead to revocation under the new driver's scheme. There is no exceptional hardship test.

The court just simply has no discretion.

Expert:  Jo C. replied 1 year ago.

the only advantage of the revocation as opposed to a disqualification is that at least you can be back on the road as soon as you pass again although it will have a horrendous effect upon your insurance.

I'm very sorry but I can only give you truthful information.

Can I clarify anything for you?
Jo

Customer: replied 1 year ago.
I have read that the magistrates can decide to give a short ban 7-14 days rather than points in circumstances which a revoke would have a devastating - is that not the case?
Could I possibility get 3 points for one and a ban for the other?
Expert:  Jo C. replied 1 year ago.

They can do that but it depends on the speed proportionate to the limit.

They cannot do it just because it is your preference.