12 Points - Automatic Ban?

[Countdown]

8IKERDAVE said:

Following the flow of traffic and paying more attention to road hazards instead of my speedometer has always been my downfall.

It's possible to do both. In fact you have to prove you can do both as part of your driving test.

[simonas2702]

easyhome said:

Get a barrister. From friends and colleagues I’ve learnt they’re worth every penny.

One didn’t because he said he couldn’t afford it and got a 6 month ban, cost him a lot more in taxis and trains.

The last thing I would ever do is get a barrister in the magistrates court, for one they're very rarely there and it shows and in my experience they tend to rub the bench up the wrong way

[vaud]

simonas2702 said:

The last thing I would ever do is get a barrister in the magistrates court, for one they're very rarely there and it shows and in my experience they tend to rub the bench up the wrong way

Do you work in a court?

[simonas2702]

It's pretty straightforward.

Plead guilty to the speeding, and make an exceptional hardship application.

Pay a solicitor to do that as I've seen many an unrepresented person arguing exceptional hardship pretty much undo their own arguement by saying the could get a bus etc but it would be hard work etc

I've done hundreds of them over the last 20 years and only failed in about 4 from memory the magistrates pretty much always grant them as long as you show that ....

a. you would suffer hardship that is exceptional.. loss of job usually the one and that
b. someone else would also suffer so wife and kids who rely on you to earn money to pay the bills, your employer who would need to train and recruit someone else, elderly parents/ neighbours who you take to appointments shopping etc, local kids footy team that you drive on the mini bus etc

Get a letter from employer on letter head explaining how good you and that if you lose license you lose job as they cannot offer an alternative role, letter from wife/ partner or people who rely on you and obviously whatever else that is relevant to your cricumstances

I always ask how many miles a client does to show that 4 tickets in 3 years is not that bad if they're doing 50k miles a year for example and I always ask what they have done to change their driving since ie using cruise control etc

Straightforward stuff, I would use a good local solicitor rather than pay fortunes for rip off supposed expert motoring lawyers who tend to pay buttons for cheap young crap barristers to go as their agent. Magistrates react better to local briefs than motoring outsiders trust me on that one!

[dundarach]

vaud said:

simonas2702 said:

The last thing I would ever do is get a barrister in the magistrates court, for one they're very rarely there and it shows and in my experience they tend to rub the bench up the wrong way

Do you work in a court?

Looks like it

[simonas2702]

vaud said:

Do you work in a court?

I am a criminal solicitor

[matchmaker]

Hugo Stiglitz said:

stanlow45 said:

With ridiculous amounts of scameras and sneaky limit changes, idiotically low limits and a focus on revenue raising it’s not hard to see how a few minor infractions, e.g, 24 in a 20 etc, could quickly rack up.

A lot of brakists on this site spewing their bile however are best ignored.
Hopefully you can negotiate a bit of “exceptional hardship” op. Speeding in this country is ridiculously over enforced and is clearly politically motivated.

I won't tell you what speeds that I was driving at yesterday.

But yes if you are lacking in observational skills and keep getting 'caught' this says to me you routinely drove over the limit and don't see hazards or signs.

If that makes me a brakist crack on.

I have to agree. Have managed to avoid being caught for getting on for 50 years.

[vaud]

simonas2702 said:

vaud said:

Do you work in a court?

I am a criminal solicitor

OK. Just that we get a lot of posters giving advice and then it turns out they are more of a barrack room lawyer..

[simonas2702]

vaud said:

OK. Just that we get a lot of posters giving advice and then it turns out they are more of a barrack room lawyer..

I know some of the advice given on here does surprise me

Been at it 20 years and can give a practical opinion

[QJumper]

simonas2702 said:

The last thing I would ever do is get a barrister in the magistrates court, for one they're very rarely there and it shows and in my experience they tend to rub the bench up the wrong way

My experience is different.

I was once facing 6 points, that would take me to 12, and an automatic ban. That in turn would have led to me losing my job.

The bench didn't appear to be rubbed up the wrong way at all and, if anything, the presence of a barrister gave the impression I was taking it seriously. In the end I got the 6 points, a fairly small fine, and the ban was waived.

[simonas2702]

QJumper said:

My experience is different.

I was once facing 6 points, that would take me to 12, and an automatic ban. That in turn would have led to me losing my job.

The bench didn't appear to be rubbed up the wrong way at all and, if anything, the presence of a barrister gave the impression I was taking it seriously. In the end I got the 6 points, a fairly small fine, and the ban was waived.

Exceptional hardship which is pretty basic stuff and goes on countless times a week. You'll have seen it differently than to those who work in the courts on a regular basis.

You don't see them much in the magistrates court anymore other than the really inexperienced barristers who are trying to get experience and the odd one in the motoring court instructed by people who think they make a difference and are worth the money

[ClaphamBoxS]

simonas2702 said:

vaud said:

Do you work in a court?

I am a criminal solicitor

Channeling my inner Jesse Pinkman but i think you need a C R I M I N A L solicitor..

[TwigtheWonderkid]

8IKERDAVE said:

I think a lot of it is down to luck along with the amount of miles you travel in a year. I love the 5000 mile a year crew jumping on their high horses at someone who drives 10 times that in a year. Yes the probability of being caught is 10 times higher!

In the 90s I was a high mileage driver in a hot hatch, and picked up 6 points. I couldn't afford to lose my licence, and my job, so I just stopped speeding. I just never went above the limit at all, ever. Until the first lot of 3 points dropped off. When I went out at weekends with my wife, I never drove. She drove always.

I never picked up any more points in this time. That wasn't luck. It was a change in behaviour due to recognising the possible seriousness consequences of not changing my behaviour.

[Drumroll]

8IKERDAVE said:

Following the flow of traffic and paying more attention to road hazards instead of my speedometer has always been my downfall.

Maybe you need to improve your driving skills then.

[The Brummie]

Received the dreaded letter from Gloucestershire Constabulary this morning.

Was expecting a Court date. Not so.

Instead I have 21 days to plead either guilty (I do not want to come to Court) guilty(I want to come to Court) or not guilty (send me the date for my trial).

Whichever I decide I can enter a plea of mitigation.

So what do I do?

I don’t agree with the claimed speed I was doing but how do I disprove the allegation?

I haven’t received any photographic evidence despite requesting it on 3 separate occasions.

Do I plead guilty & hope that my plea for mitigation against loosing my licence is accepted.

Or do I plead not guilty & go to trial?

If I loose my licence I loose my job due too working all over the UK - a car is essential due to the unsociable hours.

Also means getting too see my 94 y/o dad every week will be difficult.

Not excuses just stating facts.

I have emailed Andrew @ AGT Law however having just spent over £1k getting my car through the MOT I can’t afford him at the moment.

Genuinely have no idea what to do.

[Yellow Lizud]

The Brummie said:

If I loose my licence I loose my job due too working all over the UK - a car is essential due to the unsociable hours.


I have emailed Andrew @ AGT Law ................ I can’t afford him at the moment.

Does paying AGT cost more than you'll loose if you lost you job?

Assuming he says there is a chance of escaping a ban, then it doesn't look like you have a lot of choice.
You need to beg, borrow, or steal the money somehow - it could be the best value for money you've ever spent!

[Danm1les]

I cannot recommend AGT law enough… as the person above has said, how much can you not afford to loose your job etc. beg and borrow the money to pay for his costs.

[fridaypassion]

Can you afford not to get ATG on it?

You need proper representation to get the best result. Don't do it alone and not with random advice from people on here. Some jobs you just need the professionals in.

Pal of mine kept his license in similar circumstances using a good brief.

[Oceanrower]

Yellow Lizud said:

The Brummie said:

If I loose my licence I loose my job due too working all over the UK - a car is essential due to the unsociable hours.


I have emailed Andrew @ AGT Law ................ I can’t afford him at the moment.

Does paying AGT cost more than you'll loose if you lost you job?

Assuming he says there is a chance of escaping a ban, then it doesn't look like you have a lot of choice.
You need to beg, borrow, or steal the money somehow - it could be the best value for money you've ever spent!

FFS! Both of you (And this applies to you too, Danm1les!) It’s lose. Lose. Not loose!

[The Brummie]

Danm1les said:

I cannot recommend AGT law enough… as the person above has said, how much can you not afford to loose your job etc. beg and borrow the money to pay for his costs.

The simple fact is this - I can't raise, beg, steal or borrow the money to pay AGT.

Credit cards maxed out, don't have any savings & having spent £1k to MOT the car 10 days ago (after spending £700 on a new wheel & a pair of tyres just before Xmas) I don't have the funds.

Thinking the best (only) option is to plead guilty (even though I don't agree with the claimed speed), enter my plea of mitigation & see what punishment is handed out.

Short of a lottery win I'm stuffed.