Legal advice/representation for speeding recommendations

[mchoody]

HI, I've just had the good news that one of my employees has been caught for speeding (66mph in a temporary 40mph) in December (lease vehicle so this has taken longer to come through as usual)

He is currently sitting on 6 points (3 due to expire tomorrow) so looking online it looks like he is in line for 6 points and therefore a 6 month ban.
I know AGTLaw comes highly recommend on here but the offence was in Bournemouth so as far south of AGT's offices as possible really. Any other recommendations for representation nearer Surrey or Bournemouth? His licence is essential to his job with travel over the UK most days. It would also cause issues with his 8 year old daughter that he sees at the weekends if banned. All advice welcome. Thanks.

[ElectricPics]

anonymous said:

[redacted]

I'm hoping this is tongue in cheek....?

If not, it's some of the worst advice I've seen. Exceptional hardship for yourself is little or no mitigation. Exceptional hardship for family and other dependents might be. Representation shows you're taking the matter seriously so they need to get some.

[Alucidnation]

Should slap him with a ban anyway.

If he got caught where i think he did, then no excuse.

The signs are big enough and plentiful.

[ellroy]

Pretty sure AGT does travel, certainly seen evidence of him heading to the big smoke for cases, perhaps touch base with him first and he could suggest someone closer with a decent rep if he can't deal with it?

[mchoody]

I've prepared him for the fine, especially if he's looking at keeping his licence in any way. Apart from the work issue (that will be very difficult to work around if he can't drive for 6 months) I think the biggest issue will be that he won't be able to keep in touch with his daughter as much as he does at the moment.

[ElectricPics]

mchoody said:

I've prepared him for the fine, especially if he's looking at keeping his licence in any way. Apart from the work issue (that will be very difficult to work around if he can't drive for 6 months) I think the biggest issue will be that he won't be able to keep in touch with his daughter as much as he does at the moment.

The option of disqualification is from 7 to 56 days for exceeding a 40 limit by 66 or more, or 6 points, so 6 months is probably off the table, and a Band C fine (125 – 175% of relevant weekly income). I doubt 66 would be considered 'grossly excessive' as it's at the start of that sentencing band. The mags might look at the offence taking place in roadworks as an aggravating feature. Sounds like you're a decent boss that gives a st about your employees.

Ignore the self-righteous suggesting he should be hit with a ban regardless - they'll have made plenty of mistakes in their life which is why they feel the need to perform a little virtue-signalling.

[Willy Nilly]

if he has 3 points expiring tomorrow, another 6 would take him to 9 so he won't get banned. Or am I missing something?

[mchoody]

Willy Nilly said:

if he has 3 points expiring tomorrow, another 6 would take him to 9 so he won't get banned. Or am I missing something?

I believe it’s from date of offence.

[ElectricPics]

Willy Nilly said:

if he has 3 points expiring tomorrow, another 6 would take him to 9 so he won't get banned. Or am I missing something?

Yup. Nothing to do with totting up.

[mchoody]

ElectricPics said:

Yup. Nothing to do with totting up.

Can anyone confirm this for sure? If this is true he will be a very lucky man, albeit one with 9 points.

[catso]

mchoody said:

Willy Nilly said:

if he has 3 points expiring tomorrow, another 6 would take him to 9 so he won't get banned. Or am I missing something?

I believe it’s from date of offence.

Indeed, I was caught speeding some years back. At the time I had 3pts on my licence that expired the next day.

I had to go to court as the speed was above FPN level and was given 6pts + fine, bringing the 'technical' total to 9pts due to them being unexpired as at date of offence.

Had I been on 6pts on the date of the offence, the further 6 would have seen me banned under totting up even though they were expired by the time it went to court.

[SS2.]

mchoody said:

ElectricPics said:

Yup. Nothing to do with totting up.

Can anyone confirm this for sure? If this is true he will be a very lucky man, albeit one with 9 points.

For totting purposes, it's the date of offence which is taken into consideration.

Example - if he had 6 active points on the date of the offence and a further 6 points were awarded for the new offence then, irrespective that some of the existing points may have expired by the time he got to court, he'd be liable for a totting ban.

[A205GTI]

He should be ok, I was on 9 at one stage got another 3 (no excuses but 70 on a motorway in a 60 managed zone.)

would have taken me to 12, however in 2 weeks 3 were due to expire, sent off as per normal and they just put the points on.

Happily to say I now have a clean licence, but 3 years on 9 points certainly should change your behavior (For the better)

So just send of you never know dependent on what type of road it was they may just do a fpn.

[kestral]

mchoody said:

HI, I've just had the good news that one of my employees has been caught for speeding (66mph in a temporary 40mph) in December (lease vehicle so this has taken longer to come through as usual)

He is currently sitting on 6 points (3 due to expire tomorrow) so looking online it looks like he is in line for 6 points and therefore a 6 month ban.
I know AGTLaw comes highly recommend on here but the offence was in Bournemouth so as far south of AGT's offices as possible really. Any other recommendations for representation nearer Surrey or Bournemouth? His licence is essential to his job with travel over the UK most days. It would also cause issues with his 8 year old daughter that he sees at the weekends if banned. All advice welcome. Thanks.

Don't waste money on legal advice and or representation.

In these circumstances if someone gives evidence on oath that they will loose their job if disqualified then they do not get disqualified.

[mchoody]

Just to bring this one to a close, employee received the good news that he’s getting 5 points and a £600ish fine. Keeps his licence which is the main thing. Look out for a very slow carefully driven Toyota Proace around the Surrey area for the next couple of years!

[Vaud]

Seems reasonable. Kudos to you for supporting your employee.