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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 72510
Experience:  Over 5 years in practice.
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My business partner has a problem. He was given a driving

Customer Question

Hi my business partner has a problem. He was given a driving ban in absence as he was unable to attend the court due to illness. This ban will cause severe hardship and would mean the potential closure of ouur company
Assistant: What state was the citation in? And have you consulted a local attorney?
Customer: explain please 'what state?' and no we haven't yet consulted a local solicitor we thought that it would be better to use somebody who was experienced in motoring offences. By the way the ban was on the totting up process not drink/driving.
Assistant: Do you need to appear in court?
Customer: He missed the court hearing due to illness. As soon as we found out about the sentence of 6 months ban he went back to court with the appropriate form asking for a new hearing and the magistrate threw it out and increased the ban by a further 6 months!
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: I dont think so
Submitted: 3 months ago.
Category: Traffic Law
Expert:  Jo C. replied 3 months ago.

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

Expert:  Jo C. replied 3 months ago.

Why was he banned?

Customer: replied 3 months ago.
he was bannned for 6 months. He then went back to court having received the ban in the post with the appropriate form for a new hearing. The magistrate told him that she thought he was 'playing the system' and increased the ban to 12 months without granting another hearing
Customer: replied 3 months ago.
I do not prefer to call thanks
Customer: replied 3 months ago.
He was banned on the totting up system
Expert:  Jo C. replied 3 months ago.

Are you sure this is totting?

That sounds more like drink driving?

Customer: replied 3 months ago.
It definitely wasn’t drink driving he is tee total
Expert:  Jo C. replied 3 months ago.

It isn't possible to receive a ban of 12 months for totting.

Expert:  Jo C. replied 3 months ago.

Magistrates do things that they should not sometimes but I have never known them impose a ban of double the amount that they are entitled to.

You can always appeal to the Crown Court.

But there is no point in that unless he can show exceptional hardship. That means more than just inconvenience but actually exceptional hardship.

I'm not sure why the business is affected because he can't drive?

Can I clarify anything for you?

Jo

Customer: replied 3 months ago.
The original ban was 6 months. When he went to court with the appropriate form in order to get the case re-heard he was asked to go in front of a magistrate. She said that in her opinion he was ‘playing the system ‘ and increased the ban to 12 months. When he questioned it she said that she can do what she wants. Then stood up and walked out.
Expert:  Jo C. replied 3 months ago.

Yes, you said that above. Just doens't happen. It just exceeds the statutory minimum.

Customer: replied 3 months ago.
Sorry but that is exactly what happened.
Expert:  Jo C. replied 3 months ago.

In that case, it was not totting.

Or it is wrong and you have to appeal

Customer: replied 3 months ago.
That’s exactly what he was trying to do in the first place!
Expert:  Jo C. replied 3 months ago.

Yes, I understand that.