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Aaron D
Aaron D, Barrister
Category: Law
Satisfied Customers: 572
Experience:  LLB, BPTC
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I have to go to court regarding a driving disqualification,

Customer Question

I have to go to court regarding a driving disqualification
JA: Where are you? It matters because laws vary by location.
Customer: I'm in hereford but its from london
JA: What steps have you taken so far?
Customer: Nothing, I've been naive and didn't think I needed legal advice and I have to go to court on tuesday
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No I don't think so
Submitted: 1 year ago.
Category: Law
Expert:  Aaron D replied 1 year ago.

Hello, thank you for your question. My name is***** am a barrister and will assist you with this issue today.

Please be aware that this is an e-mail service rather than a live chat. Sometimes there will be some delay between responses but I will try to reply as soon as possible.

Why is it you are liable to disqualification? What is the offence?

Customer: replied 1 year ago.
I've had two previous offences, one for speeding, and one for no insurance. After that I had 9 points on my license, and this one is for no insurance again so they are looking to disqualify
I wrote them a letter in response explaining some bad circumstances which left me financially unstable and I was struggling but I'm not getting back on my feet.
I had the letter regarding court and I've had so much going on with work and COVID-19 I completely put it to the back of my mind.
I work for a medical company and I'm currently in charge of a community swabbing operation involving the Herefordshire and Worcestershire CCG and the NHS trusts in the area. I've been working between 60-70 hours a week so it's been very hectic at the moment.
Customer: replied 1 year ago.
But I'm now** getting back on my feet - sorry
Expert:  Aaron D replied 1 year ago.

Ok thanks for the further information.

The court on Tuesday will firstly look to punish you for the no insurance which is usually 6 penalty points and a fine. The fine is based on your weekly income.

Once you reach 12pp or more the law says that the court must ban you from driving for 6 months. There is some discretion however if the ban would cause exceptional hardship.

That is what is sounds like exceptional circumstances that would mean that losing your licence would have a serious impact on your life. It needs generally to be more than just the loss of a job, it would have to jeopardise your home and maybe impact on family/ friends too.

Sometimes the court will deal with this at the first hearing but sometimes they will adjourn the case to hear the exceptional hardship argument at a later date. If they do, you will still be able to drive until the next hearing.

You can represent yourself at this hearing. If you do then you ideally should take papers such as a letter from your employer which says you cannot work without driving. It might be too short notice for that.

You can get a solicitor or barrister to represent you at the hearing on Tuesday. Even though it is short notice, someone will likely be available. You can find a local solicitor here: https://solicitors.lawsociety.org.uk.

If you really can't find one and you want one then ask the court on Tuesday for an adjournment. You can also ask for an adjournment if you need time to get a letter from your employer etc.

I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

I will remain available for any follow-up questions.

Expert:  Aaron D replied 1 year ago.

Hello, I just wanted to check whether this answered your question or whether you required some clarification?