Another speeding question
Discussion
Hi everyone
So, a friend of mine (I know, I know, but this really isn’t me - I have a completely clean license), is on 9 points and just got an NIP for a camera at 40 in a 30.
Yes, he is an idiot, but that’s not the point.
Am I right that under totting up he will be at 12 points and lose his license ?
Does this automatically mean he has to go to court and plead for them to allow him to keep his license ? Or does he have to request that hearing?
He genuinely is self employed and relies on his car for his business, carrying heavy equipment around so if he loses the license it will cause genuine hardship.
Yes he should have thought of that before, so comments around that don’t help, so I would ask you not to waste your time please.
What I am asking is what the process is here please from people who understand it.
Not something I have ever had to deal with before.
Thank you as always !
So, a friend of mine (I know, I know, but this really isn’t me - I have a completely clean license), is on 9 points and just got an NIP for a camera at 40 in a 30.
Yes, he is an idiot, but that’s not the point.
Am I right that under totting up he will be at 12 points and lose his license ?
Does this automatically mean he has to go to court and plead for them to allow him to keep his license ? Or does he have to request that hearing?
He genuinely is self employed and relies on his car for his business, carrying heavy equipment around so if he loses the license it will cause genuine hardship.
Yes he should have thought of that before, so comments around that don’t help, so I would ask you not to waste your time please.
What I am asking is what the process is here please from people who understand it.
Not something I have ever had to deal with before.
Thank you as always !
Is he not eligible for a Speed Awareness Course ?
If not, and assuming his existing 9 points were all accumulated within 3 years of his latest indiscretion, he won't be eligible for a fixed penalty and the matter would be proceeded to court.
If this happens, he'd be looking at a ban of at least 6 months under the totting up procedure.
If he pleads guilty (or is convicted after a NG plea), he'd need to convince the court that exceptional hardship would result if he was disqualified from driving. Note that more weight tends to be placed on exceptional hardship resulting to others, rather than to the offender themself.
It would be worth seeking the advice of a specialist motoring solcitor to ensure he takes all the correct steps and, if required, has prepared a sound case for an exceptional hardship plea..
AGT of this manor is definitely worth contacting.
If not, and assuming his existing 9 points were all accumulated within 3 years of his latest indiscretion, he won't be eligible for a fixed penalty and the matter would be proceeded to court.
If this happens, he'd be looking at a ban of at least 6 months under the totting up procedure.
If he pleads guilty (or is convicted after a NG plea), he'd need to convince the court that exceptional hardship would result if he was disqualified from driving. Note that more weight tends to be placed on exceptional hardship resulting to others, rather than to the offender themself.
It would be worth seeking the advice of a specialist motoring solcitor to ensure he takes all the correct steps and, if required, has prepared a sound case for an exceptional hardship plea..
AGT of this manor is definitely worth contacting.
livinginasia said:
Hi everyone
So, a friend of mine (I know, I know, but this really isn’t me - I have a completely clean license), is on 9 points and just got an NIP for a camera at 40 in a 30.
Yes, he is an idiot, but that’s not the point.
Am I right that under totting up he will be at 12 points and lose his license ?
Does this automatically mean he has to go to court and plead for them to allow him to keep his license ? Or does he have to request that hearing?
He genuinely is self employed and relies on his car for his business, carrying heavy equipment around so if he loses the license it will cause genuine hardship.
Yes he should have thought of that before, so comments around that don’t help, so I would ask you not to waste your time please.
What I am asking is what the process is here please from people who understand it.
Not something I have ever had to deal with before.
Thank you as always !
Usually for 40 in a 30 limit, it would be a Speed Awareness Course, the usual criteria being "Not have been on a similar course within the last three years or have other similar prosecutions pending." How this would be interpreted in view of his existing convictions, I do not know.So, a friend of mine (I know, I know, but this really isn’t me - I have a completely clean license), is on 9 points and just got an NIP for a camera at 40 in a 30.
Yes, he is an idiot, but that’s not the point.
Am I right that under totting up he will be at 12 points and lose his license ?
Does this automatically mean he has to go to court and plead for them to allow him to keep his license ? Or does he have to request that hearing?
He genuinely is self employed and relies on his car for his business, carrying heavy equipment around so if he loses the license it will cause genuine hardship.
Yes he should have thought of that before, so comments around that don’t help, so I would ask you not to waste your time please.
What I am asking is what the process is here please from people who understand it.
Not something I have ever had to deal with before.
Thank you as always !
agtlaw who often posts on S, P & Law is the man to speak to.
He will be summonsed to court if he doesn’t get offered an awareness course.
https://www.motoringoffencelawyers.com/faqs/9-poin...
https://www.motoringoffencelawyers.com/faqs/9-poin...
livinginasia said:
Hi everyone
So, a friend of mine (I know, I know, but this really isn’t me - I have a completely clean license), is on 9 points and just got an NIP for a camera at 40 in a 30.
Yes, he is an idiot, but that’s not the point.
Am I right that under totting up he will be at 12 points and lose his license ?
Does this automatically mean he has to go to court and plead for them to allow him to keep his license ? Or does he have to request that hearing?
He genuinely is self employed and relies on his car for his business, carrying heavy equipment around so if he loses the license it will cause genuine hardship.
Yes he should have thought of that before, so comments around that don’t help, so I would ask you not to waste your time please.
What I am asking is what the process is here please from people who understand it.
Not something I have ever had to deal with before.
Thank you as always !
Good luck with that So, a friend of mine (I know, I know, but this really isn’t me - I have a completely clean license), is on 9 points and just got an NIP for a camera at 40 in a 30.
Yes, he is an idiot, but that’s not the point.
Am I right that under totting up he will be at 12 points and lose his license ?
Does this automatically mean he has to go to court and plead for them to allow him to keep his license ? Or does he have to request that hearing?
He genuinely is self employed and relies on his car for his business, carrying heavy equipment around so if he loses the license it will cause genuine hardship.
Yes he should have thought of that before, so comments around that don’t help, so I would ask you not to waste your time please.
What I am asking is what the process is here please from people who understand it.
Not something I have ever had to deal with before.
Thank you as always !
SS2. said:
Is he not eligible for a Speed Awareness Course ?
If not, and assuming his existing 9 points were all accumulated within 3 years of his latest indiscretion, he won't be eligible for a fixed penalty and the matter would be proceeded to court.
If this happens, he'd be looking at a ban of at least 6 months under the totting up procedure.
If he pleads guilty (or is convicted after a NG plea), he'd need to convince the court that exceptional hardship would result if he was disqualified from driving. Note that more weight tends to be placed on exceptional hardship resulting to others, rather than to the offender themself.
It would be worth seeking the advice of a specialist motoring solcitor to ensure he takes all the correct steps and, if required, has prepared a sound case for an exceptional hardship plea..
AGT of this manor is definitely worth contacting.
Thank you - I hadn’t thought of an awareness course with him having 9 points.If not, and assuming his existing 9 points were all accumulated within 3 years of his latest indiscretion, he won't be eligible for a fixed penalty and the matter would be proceeded to court.
If this happens, he'd be looking at a ban of at least 6 months under the totting up procedure.
If he pleads guilty (or is convicted after a NG plea), he'd need to convince the court that exceptional hardship would result if he was disqualified from driving. Note that more weight tends to be placed on exceptional hardship resulting to others, rather than to the offender themself.
It would be worth seeking the advice of a specialist motoring solcitor to ensure he takes all the correct steps and, if required, has prepared a sound case for an exceptional hardship plea..
AGT of this manor is definitely worth contacting.
I have seen many posts from agtlaw and have already suggest he calls Andrew tomorrow for some assistance.
Thanks again
Dave _ said:
He will be summonsed to court if he doesn’t get offered an awareness course.
https://www.motoringoffencelawyers.com/faqs/9-poin...
Thank you - that’s answered my question. Much appreciated.https://www.motoringoffencelawyers.com/faqs/9-poin...
livinginasia said:
Thank you - I hadn’t thought of an awareness course with him having 9 points.
I have seen many posts from agtlaw and have already suggest he calls Andrew tomorrow for some assistance.
Thanks again
Just because he has nine points doesn't mean he won't be offered one. Its normally not done one in the last three years or too fast. Your friend isn't going above the limit for one. I have seen many posts from agtlaw and have already suggest he calls Andrew tomorrow for some assistance.
Thanks again
Note: Scotland don't do them.
CanAm said:
Usually for 40 in a 30 limit, it would be a Speed Awareness Course, the usual criteria being "Not have been on a similar course within the last three years or have other similar prosecutions pending." How this would be interpreted in view of his existing convictions, I do not know.
The main criteria other than sites is actually "not have been on one for an offence committed within three years of this one". As with points it's the date of the offense that matters, not the date you actually did the course. Existing convictions didn't matter, not do other pending prosecutions (though if you're caught twice in quick succession you can only do a course for one of the offices).
Thanks again for all the suggestion on this one.
The guy ended up taking advice from Andrew at AGT Law who I understand was amazing and incredibly helpful. It went to court and despite the advice from Andrew, the court couldn’t see much hardship and he ended up with a 6 month ban and £200 + fine.
Oopsy ! Could have been a lot worse without Andrew’s advice though, so was well worth it. If you read this, thanks again.
Hopefully he will be more careful in future.
Wanted to say thanks for all the advice, and let you know what happened.
The guy ended up taking advice from Andrew at AGT Law who I understand was amazing and incredibly helpful. It went to court and despite the advice from Andrew, the court couldn’t see much hardship and he ended up with a 6 month ban and £200 + fine.
Oopsy ! Could have been a lot worse without Andrew’s advice though, so was well worth it. If you read this, thanks again.
Hopefully he will be more careful in future.
Wanted to say thanks for all the advice, and let you know what happened.
livinginasia said:
Thanks again for all the suggestion on this one.
The guy ended up taking advice from Andrew at AGT Law who I understand was amazing and incredibly helpful. It went to court and despite the advice from Andrew, the court couldn’t see much hardship and he ended up with a 6 month ban and £200 + fine.
Oopsy ! Could have been a lot worse without Andrew’s advice though, so was well worth it. If you read this, thanks again.
Hopefully he will be more careful in future.
Wanted to say thanks for all the advice, and let you know what happened.
Out of interest, how could it have been worse? Six month ban for totting up is normal. Fine/costs are income based. The guy ended up taking advice from Andrew at AGT Law who I understand was amazing and incredibly helpful. It went to court and despite the advice from Andrew, the court couldn’t see much hardship and he ended up with a 6 month ban and £200 + fine.
Oopsy ! Could have been a lot worse without Andrew’s advice though, so was well worth it. If you read this, thanks again.
Hopefully he will be more careful in future.
Wanted to say thanks for all the advice, and let you know what happened.
Unless I'm missing something, your friend has paid X to AGTLaw and got the same outcome?
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