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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 75283
Experience:  Over 5 years in practice
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In April I was issued a speeding ticket in my wife's name,

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Hi in April I was issued a speeding ticket in my wife's name, when they realised it was me that was driving (because I was in my first two years of driving) It was passed onto Oxford Majestrates Court. I issue
Assistant: Because traffic laws vary from place to place, can you tell me where this is?
Customer: It's in Oxfordshire near RAF Benson, I submitted a mitigation letter and the decision was passed onto a court circuit to decide I have to appear on the 10th of January. I'm going to represent myself but would like advice I.E do I need to prepare a statement for the court. I can email you the mitigation statement if needed
Assistant: Do you need to appear in court?
Customer: Yes
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: No i think that's the basics

Hi, welcome to JustAnswer. My name is Jo C, I’m a barrister with 12 years of experience and I am happy to help with your question today.

How can I help ?

Customer: replied 9 days ago.
Hi Jo, so in April I was issued a speeding ticket in my wife's name, when I filed the paperwork to say it was me(I was in the first two years of driving). I was told it was to be passed on to Oxford Crown Court. I pleaded guilty and issued a mitigation letter and in late November I was told that I had to appear in court and I should seek legal advice regarding it. I just want some advice on what to prepare for, this is my first offence and I don't want to loose my licence because I'm not prepared
Customer: replied 9 days ago.
Here is the mitigation letter I sent in
Customer: replied 9 days ago.
And the letter I received

Ok, so what is your question?

Customer: replied 9 days ago.
What do I need to prepare for, do I need to prepare a statement, do I Need legal representation, I am to be accompanied by my warrant officer and flight sergeant but I need to know what I'm in for

What was your speed and what was the limit?

Customer: replied 9 days ago.
59 in a 30,

Thank you.

If you haven't sent in what you have written above then I would suggest you do not.

There is no prospect of being able to drive away from court. For 59 mph in a 30 zone you are facing either 6 points or a ban of between 7-56 days.

If you receive 6 points then you will be revoked under the new driver's scheme if you are within the first 2 years of driving. The advantage of that is that you would be able to drive again as soon as you pass your test again.

If you want to pitch for that you need to be emphasising the shortness of any distance driven at speed, the absence of heavy traffic, the clemency of conditions and visibility if indeed these things are true.

If you are happy with an immediate ban then you need to be emphasising the same points but also your hitherto good character and early guilty plea.

There is no exceptional hardship argument because you are not a totter although you can make the point that a ban would impact you harshly because of your circumstances.

The advantage of ban is that it would be fairly short.

Can I clarify anything for you?

Jo

Customer: replied 9 days ago.
Thank you Jo you have been extremely helpful kind regards

No problem and all the best.

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