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Body & Soul1 min ago
possible driving ban
Can anyone advice??
I have been told I may be banned when attending court for what I thought was a minor offence!!
However under the Road Traffic Offenders Act 1988 Section 35 (1) it appears that the totting up procedure of points makes the offence liable to a ban. I have been advised by the court that unless I have mitigating circumstances I will be banned. I drive a class 1 wagon for a living, and obviously this ban will take my only available income away from me. The court is 3oo miles away and I understand that the case cannot be heard nearer to my home. Is this so?? Also funds being what they are is it advisable to use the court solicitor as opposed to a private one? The case is in 2 weeks and I am desperately worried. Any advise anyone could give, would be more than appreciated.
Regards.
I have been told I may be banned when attending court for what I thought was a minor offence!!
However under the Road Traffic Offenders Act 1988 Section 35 (1) it appears that the totting up procedure of points makes the offence liable to a ban. I have been advised by the court that unless I have mitigating circumstances I will be banned. I drive a class 1 wagon for a living, and obviously this ban will take my only available income away from me. The court is 3oo miles away and I understand that the case cannot be heard nearer to my home. Is this so?? Also funds being what they are is it advisable to use the court solicitor as opposed to a private one? The case is in 2 weeks and I am desperately worried. Any advise anyone could give, would be more than appreciated.
Regards.
Answers
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You can plead 'exceptional hardship in the hope of avoiding a ban under the totting up procedure, but the circumstances really do have to be exceptional.
Loss of job is not always sufficient, as the argument is that as a professional driver you should not be accruing these points, and it is reasonably foreseeable that if you are disqualifited you will lose your job.
The court does have discretion so it is impossible to predict whether you would be banned or not.
It is not usually possible to move such cases to a court to suit your convenience. After all, you are one person and the police officer(s), CPS solicitors and so on would have to travel if it were moved.
How have you accrued the points to date?
Loss of job is not always sufficient, as the argument is that as a professional driver you should not be accruing these points, and it is reasonably foreseeable that if you are disqualifited you will lose your job.
The court does have discretion so it is impossible to predict whether you would be banned or not.
It is not usually possible to move such cases to a court to suit your convenience. After all, you are one person and the police officer(s), CPS solicitors and so on would have to travel if it were moved.
How have you accrued the points to date?
you wont be able to move the case nearer,and if you dont want a ban,you must go and plead for you not to be banned,but as it seems its not just a speed related charge,the prospects of you losing your licence seem strong,as courts are now fed up with all this are told not to give leniency,but you can try.
Hi chassyp, poor you! Have been in the same situation with a friend and it IS possible to keep your licence - expect a mighty fine though.
The case will be heard where the offence took place, if you want them to be lenient/understanding your best bet is to not try and get it moved (this is unlikely anyway).
The Court lawyer should be fine, they do this on a rotation so will know how to approach it. Explain about needing the licence or you'll be unemployed, LOOK SMART (I cannot stress that enough!), show respect and that will help your case. Good luck!
The case will be heard where the offence took place, if you want them to be lenient/understanding your best bet is to not try and get it moved (this is unlikely anyway).
The Court lawyer should be fine, they do this on a rotation so will know how to approach it. Explain about needing the licence or you'll be unemployed, LOOK SMART (I cannot stress that enough!), show respect and that will help your case. Good luck!
Unfortunately, I doubt that a court solicitor will be available. The one who is "on duty", is normally only on duty for legal aid (although in some circumstances it is possible to instruct them privately). I would be inclined to contact a criminal solicitor in the area where you are being prosecuted and instruct them to act.
In terms of exceptional hardship, as Ethel says the loss of your job is not considered to be "exceptional" hardship, but a normal consequence of losing ones licence (the leading case is one of a taxi driver). The Courts are more sympathetic to the hardship that falls on others. So if the loss of your licence would mean the loss of employment for others, or if you have dependent relative who relies on you for transport to say, medical appointments etc, that will be considered.
Depending on the type of offence, you could plead special reasons too (if this is a speeding offence, the only special reason likely to work is that of "established emergency").
In terms of exceptional hardship, as Ethel says the loss of your job is not considered to be "exceptional" hardship, but a normal consequence of losing ones licence (the leading case is one of a taxi driver). The Courts are more sympathetic to the hardship that falls on others. So if the loss of your licence would mean the loss of employment for others, or if you have dependent relative who relies on you for transport to say, medical appointments etc, that will be considered.
Depending on the type of offence, you could plead special reasons too (if this is a speeding offence, the only special reason likely to work is that of "established emergency").
A couple of points to help.
The order of events for the magistrates is this:
1. They announce their sentence (fine and points or ban) for your latest offence.
2. If any points they award take you to 12 or more (within three years � the dates of the offences, not convictions, being counted) they announce that they are considering disqualification under �totting up� (minimum 6 months).
3. They ask if you or others will suffer �exceptional hardship� if you are banned.
4. They listen to your exceptional hardship argument If you offer one).
5. They decide whether or not to impose a �totting� ban (or whether to impose one shorter than the mandatory minimum of six months).
This means that the fine for your latest offence will not vary depending on whether they ban you or not. The �exceptional hardship� argument is a difficult one to win. As has been said, loss of employment alone is not usually considered �exceptional� as it applies to anybody who needs to drive for work.
You will not have access to the duty solicitor. Such services are not available for non-imprisonable motoring offences (the facility was withdrawn about 18 months ago) and you will have to engage one of your own.
The order of events for the magistrates is this:
1. They announce their sentence (fine and points or ban) for your latest offence.
2. If any points they award take you to 12 or more (within three years � the dates of the offences, not convictions, being counted) they announce that they are considering disqualification under �totting up� (minimum 6 months).
3. They ask if you or others will suffer �exceptional hardship� if you are banned.
4. They listen to your exceptional hardship argument If you offer one).
5. They decide whether or not to impose a �totting� ban (or whether to impose one shorter than the mandatory minimum of six months).
This means that the fine for your latest offence will not vary depending on whether they ban you or not. The �exceptional hardship� argument is a difficult one to win. As has been said, loss of employment alone is not usually considered �exceptional� as it applies to anybody who needs to drive for work.
You will not have access to the duty solicitor. Such services are not available for non-imprisonable motoring offences (the facility was withdrawn about 18 months ago) and you will have to engage one of your own.
I was in court 2 weeks ago for speeding and on the totting up rule I would have been banned (minimum 6 months)
I pleaded guilty before attending court.
I told the magistrates that my business would probably fold if I lost my licence, and that as I am the only earner in my family my wife and kids and mortgage would be very difficult to maintain.
They said they let me off lightly, they gave me no points, �300 fine, �15 victim surcharge ???? and a 28 day ban!!!
Sorry fella I dont think you are going to get off without a ban unless you get a really easy magistrate.
Good Luck......
I pleaded guilty before attending court.
I told the magistrates that my business would probably fold if I lost my licence, and that as I am the only earner in my family my wife and kids and mortgage would be very difficult to maintain.
They said they let me off lightly, they gave me no points, �300 fine, �15 victim surcharge ???? and a 28 day ban!!!
Sorry fella I dont think you are going to get off without a ban unless you get a really easy magistrate.
Good Luck......
Thanks for al the answers. Interesting stuff!! The case is on Tues 2nd Aug. I did get a solicitor as suggested, and phew!! managed to get the case moved to a court 2 miles away. Thats the bonus ball for me anyway. At least it means a taxi home instead of someone having to come with me all that way. Anyway I will post the outcome, fingers crossed.
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