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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 71140
Experience:  Over 5 years in practice.
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I have received notice prosceution .

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I have received notice for intended prosceution for speeding. i pleaded guilty and court date has been sent.The police say I have 9pts on my licence they expired in 2012. i checked with DVLA who confirmed my license is clean. I did not get the points taken off my counterfoil. can this prejudice my case
Thank you for your question. My name is ***** ***** I will try to help with this.
Sorry but why do the police say you still have nine active points?
Customer: replied 2 years ago.

I don't know. They mentioned it in their statement provided to me. I did not send my counterfoil to DVLA to have it re -issued.

What are the dates of the points?
Customer: replied 2 years ago.

SP30 11.02.07

SP50 26.04.08

SP30 25.06.08

I'm being prosecuted for doing 100mls on the M25 at 08.38hrs

Those points do expire then. Whether you sent your counter part in or not, they are not active points.
I think though that the reason this is being sent to court is that the speed is very high proportionate to the limit. Normally for anything over 90mph in a 70 mph zone there would be a court summons.
The other points will not have any impact though.
Can I clarify anything for you?
Customer: replied 2 years ago.

Should I attend court or plead guilty by post??

It depends what you want to achieve.
Generally speaking people who attend do get better sentences although only slightly.
But you may have better things to do than attend court and you can plead by post.
Customer: replied 2 years ago.

Thank you. I'm in a flux. I'm self employed I live in Bedfordshire and work at several locations between London & Essex. I normally work seven days a week. I really cannot afford to get disqualified as I have to drive to all the locations.

On that day I was working with young person with serious behavioural problems.

In that case it is probably better to attend. You can mitigate in person.
You probably won't be disqualified but you might want to be there to address the risk.
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