Hello, I am a solicitor with 20 years experience. I will try to help you with this.
OK so you had 3 points on your licence for an L plate. Can you just help me with where you are on the second set of 6 points? Waiting for a court hearing perhaps?
Customer: Can I ring you or you ring me could be more easy?
Customer: *********** ewerton
No I am afraid that it really needs to be done through this forum. Can you just put in time order the points and offences and when you passed your driving test.
Customer: Sure . 3 points last year drive without L.
Customer: september stop by
Customer: police the paper court arrive. Offence driving without L PLATE and no insurance. But I have certificate insurance I don't know how's gonna be in the court how can I deal wit them i have full drive licence now I know I can't get 6 points because if I get I have to do everything again:(
Customer: Pass drive test monthly ago.
Customer: Hello are you there?
Yes I am here. Like most lawyers on this site I fit these answers around other work so replies are not always instant.
Customer: Not problem I would like to know how can I deal at the court. Please :)
You had an insurance policy so why have they summonsed you for no insurance? Were you given a producer?
Customer: I have insurance certificate maybe police check has problem.
Customer: I didn't show them because was with me.
Customer: Can you
Ok so you have a defence to the no insurance matter that is 3 points gone. But it leaves you with 3 coming. Why were you driving without L plates if infact you were?
Customer: It's emergency use the car to pick my son at nanny 2am morning I didn't have option this night
Customer: Can you explain to me how to do at court ?
Customer: Hi could you help me. How to action. At. Court bit scary
Customer: Hi are you there ?
You wouldn't be able to use this to avoid the points. This would not amount to a special reason to try and avoid the imposition of penalty points. If you get the points then the DVLA will require you to start again. This means that the usual moves to avoid driving ban ((eg exceptional hardship) cannot be used. If you did not display L plates when driving, then you have committed an offence which can attract a fine and up to 6 points.
I need to have a look at some law which I don't have with me at the moment to see if you have a real chance of getting less than 3 points if you make admissions etc. In order to do that you will almost certainly need to be represented by a solicitor who really knows what he is doing.
Customer: What you suggest ?
I will be able to look at the book I need to later. One thing I don't understand is this. If you were driving on provisional legally then there was a qualified driver next to you. Why didn't they drive? Why was it such an emergency that you were unable to put on L plates and then go? These are questions the court may well have.
Customer: What you suggest to do please :)
I think our last communications crossed. I think you will need to attend court and you will need to instruct a specialist solicitor to have any chance of getting less than 3 points. But I will get back to you later this evening with more information.
Customer: Hi u there
Customer: What u suggest at the day at court ?
Wait I will give you a definitive answer later tonight when I have had a chance to look up whether you have any possibility of getting less than 3 points for no L plate. Please also can you answer my questions above?
Customer: When I got no L plates nobody was with me I was drive myself :(
Customer: Please I'll waiting for you :) tks!
What have you been summonsed or then. Is it driving otherwise than in accordance with a licence?
Customer: Drive without display L PLATe this happening last year and again September before I took my full drive licence :(
Can you just tell me what Act and section the offence alleged is under.
Customer: Sorry I don't have the letter with me. The code for no display L it's LC20
Customer: Let me know what I should do tks
Customer: I'll wait for you tks
that code is for driving otherwise than in accordance with a licence. The sentence for that is a minimum of 3 points and a maximum of 6. You can not argue exceptional hardship through losing your job in these circumstances because you will not be banned but automatically sent back to retake your test. The only possible argument to avoid the 3 points is to argue special reasons eg use in an emergency. But for this to be usable it must have been a real emergency, there must have been no alternative to using the cart and the car must have been used to the minimim extent.
Customer: So what I have to suppose at court ? Could be the better way emergency using ? Tks
There is a remote possibility that you could use an emergency as a special reasons argument to try and avoid the imposition of 3 points for driving otherwise than in accordance with a licence. This will be difficult. You will need to explain that it was a genuine emergency, that there was no alternative to you driving (eg getting cab) and that you did not drive more than was absolutely necessary. Even if you do all this you may not be able to persuade the court not to impose the 3 points. There is basically no chance of yo ding this successfully without representation. In order to have any chance of protecting your licence and keeping your delivery work you need to instruct a solicitor.
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Customer: Ok tks