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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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My son is going before the court on Wednesday in Crawley charged

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My son is going before the court on Wednesday in Crawley charged of speeding at 70 in a 30mph area in Hassocks. We have offered reasons as to why he needs his licence.
There are three questions:
1. We learned a driver doing 80mph in a 30mph area- and hit a house - was given an advanced driving course in lieu of another type of punishment. Would there be any chance of my son receiving such a punishment rather than either a ban or points?
2. Would it help him if he had legal representation on the day and how would we go about it? Funds are very limited but a licence is crucial for him as we live in the country without public transport and he attends college in the city and is in his third and final year of qualifying as a vehicle technician which is fundamental to his future.
3. Would the fact he has had a clean licence for a number of years be beneficial.
Thank you,
Mike Donovan

On your specific points

1 I am sorry but thats completely impossible. Where ever you heard that it was misreported. There's no way a ban or points could have been avoided in that circumstance as it could not here.

2 Not really if I'm wholly honest, At least representation can only help but it is not likely to change the outcome much.

3 It isn't going to change the outcome I'm afraid. Its always mitigation that you have a hitherto good driving record but the issue here is the speed over the limit.

I am really sorry to have to tell you this but its very bad news.

If he was doing 70 mph in a 30 mph zone then its very lucky they haven't charged him with dangerous driving. He is more than 10mph over the highest speed bracket. Only disqualification will be appropriate unless he literally meets with a court prepared to depart from the clear will of Parliament.

Whether he needs his licence or not is a non issue. This is an instant ban situation and exceptional hardship is not a challenge. That only arises when you are at risk of totting I'm afraid.

Sorry thats probably not the answer you wanted but it is the position that you have and I have a duty to give you truthful and accurate information even though its not what I want to say.

Hope this helps. Please rate my answer OK SERVICE or above and I can answer your related questions.
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