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Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 6408
Experience:  Solicitor
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I have had a disqualification hearing through the post for

Customer Question

I have had a disqualification hearing through the post for November. I got six points on the same day in August 2013. I had an offence come through for doing 69mph in a 40mph zone on the M25 in February 2016. As it stands my licence is clean but it wasn't at the time of this latest offence. Will they take the other points into account or will I have the hearing with a clean licence?
Submitted: 1 year ago.
Category: Law
Expert:  Jamie-Law replied 1 year ago.

Hello my name is ***** ***** I will help you with this.

Just to be clear at the time of the offence how many 'live' points would you have had?

Customer: replied 1 year ago.
I had six points at the time both in August 2013.
Expert:  Jamie-Law replied 1 year ago.

In that case they will take the points into account.

For sentencing it is 'live' points at the time of the offence.

So in this case if you had 6 points in August 2013 they would have been live at February 2016.

So yes, they will be taken into account. So if you get 6 points or more for THIS offence you could be disqualified under the totting up procedure as you would have 12 points for sentencing purposes.

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.
Can I clarify anything for you about this today please?

Customer: replied 1 year ago.
What is the best way to defend myself in court in order to not get banned? I am a single dad and need my car for my job and i do a lot of community work with football.
Expert:  Jamie-Law replied 1 year ago.

That makes no difference. The Court will say you should have thought about that before speeding,

The only thing you could argue is that the existing points are old and therefore by imposing new points will serve as a reminder

Does that clarify?

Customer: replied 1 year ago.
there is nothing I can do to prepare or defend my side other than turn up and take what I'm given? Surely they are things you can do or prepare that'll make the likelihood of a ban less likely?
Expert:  Jamie-Law replied 1 year ago.

Take your chances yes. The only other you can argue is exceptional hardship. But that you would need a Solicitor to do for you. That is where you show that exceptional hardship would be caused to others because you are disqualified.

But that is your only chance and you will need a Solicitor.

Can I clarify anything for you about this today please?