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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71040
Experience:  Over 5 years in practice
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Good evening. Could I have some advice please on a traffic

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Good evening. Could I have some advice please on a traffic offence? Thank you Jonathan
Thank you for your question. My name is ***** ***** I will try to help with this.
-Could you explain your situation a little more?
Customer: replied 2 years ago.

Thank you. On 16/5/12 I had a speeding offence of 53 mph in a 30 limit and on 5/9/12 received 6 points and £250 fine. Unfortunately, I have been caught again and received today a NIP stating on 12/6/15 I was driving 49 mph in a 30 limit. I am concerned that I may get 6 points and a ban as I understand that my existing points remain live for 3 years from the date of conviction not offence. Can you advice please on whether I am likely to get 6 points and so reach 12 and a ban. Thank you Jonathan

I am sorry but that is possible.
If you were doing 49 in a 30 zone then the sentencing guidelines recommend 4-6 points or a ban of between 7 - 28 days. A short ban is possible. The advantage of that is that you would get your licence back quickly and then it would be clean but it does have a horrendous effect upon your insurance premiums.
You could get 4 or 5 points which would mean you are on the cusp of a ban but not quite there.
However, this is at the higher end of the sentencing bracket so I'm afraid that points are likely.
If you do receive 6 points then you would be a totter. You can avoid a ban then by persuading the court that you will suffer exceptional hardship if banned. That is a high test but it can be done on occasions.
There is always the chance they will forget to summons you. That does happen sometimes but it is not something you can rely upon.
Sorry but I have to give you truthful information.
Can I clarify anything for you?
Customer: replied 2 years ago.

Thank you. Oh dear. Should I get legal advice? On 5 Sept my 3 years is up from conviction date but why don't they take it from the date of offence - I would then be outside the 3 years. Would it help my case that for 3 years I have had no more points? Jonathan

It is the date of offence not the date of conviction or sentence.
I'm afraid it doesn't really make much difference that there haven't been any other offences. Parliament provided for those that acquire more than 12 points to be banned unfortunately.
In terms of legal advice, I wouldn't do anything yet. Anything can happen. They may forget to summons you. If they do summons you then representation does help if only in that they tell you how to prepare correctly but it does rack up cost.
Customer: replied 2 years ago.

Thank you. What a worry! Jonathan

Yes, I know.
Do nothing and wait to see what happens. If it all turns into nothing then that is great. If not then you will have to argue exceptional hardship.
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