Solicitors specialising in motoring
Discussion
Can anybody help? My G/F has been a naughty girl. For the fourth time in 3 years she has been caught speeding in a 30. funny thing is, its the same camera in each instance. Well she is blonde!
The last offence was commited 3 weeks before she was due to lose her first offence off the licence. She has just started a new job were she is car dependant. What is the likely ban? and is it worth getting a solicitor involved. If so, any of you guys know of one who specialises in this sort of thing.
P.S if I was the judge, I'd sentence her to hanging!
The last offence was commited 3 weeks before she was due to lose her first offence off the licence. She has just started a new job were she is car dependant. What is the likely ban? and is it worth getting a solicitor involved. If so, any of you guys know of one who specialises in this sort of thing.
P.S if I was the judge, I'd sentence her to hanging!
Without any pre-judgement...
Unless you are fighting the final case, I believe the totting-up procedure is a bit of a 'done deal'. To try and mitigate around a ban you will have to show exceptional hardship. I believe that the ban would have to impact other people unfairly and that it would affect other peoples quality of life, not just the person who is being banned.
For example, if she takes her elderly grandmother for physiotherapy twice a week, and with a ban there would be no way of getting her there, then this would be an example.
Magistrates also work on 'gut reaction'. If your gut reation is that she was not learning her lesson, the magistrates may also think the same...
That said though, there are a number of motoring lawyers around the country, and it may be worth asking them. The only problem may be that they may take on your case even with the knowledge that in all likelyhood there is not much they can do. I would contact a few to 'sound them out' as to their reply on what should be done.
Good Luck!
Unless you are fighting the final case, I believe the totting-up procedure is a bit of a 'done deal'. To try and mitigate around a ban you will have to show exceptional hardship. I believe that the ban would have to impact other people unfairly and that it would affect other peoples quality of life, not just the person who is being banned.
For example, if she takes her elderly grandmother for physiotherapy twice a week, and with a ban there would be no way of getting her there, then this would be an example.
Magistrates also work on 'gut reaction'. If your gut reation is that she was not learning her lesson, the magistrates may also think the same...
That said though, there are a number of motoring lawyers around the country, and it may be worth asking them. The only problem may be that they may take on your case even with the knowledge that in all likelyhood there is not much they can do. I would contact a few to 'sound them out' as to their reply on what should be done.
Good Luck!
My Mum has actually been in this situation twice now (seems to like driving around with her eyes shut). If it's the first time, if she pleads mitigating circumstances, proves life would be pretty awkward without her license, she is really sorry, understands the errors of her ways blah blah, she should get away without a ban. It's generally accepted the first time you will get a big fine and a slap on the wrist, if it happens again you'll get the full treatment.
Fortunately the second time my Mum was up in court, she really turned on the waterworks (genuine too) and the Judge took pity on her. Was warned this was her final ever chance though.
Fortunately the second time my Mum was up in court, she really turned on the waterworks (genuine too) and the Judge took pity on her. Was warned this was her final ever chance though.
I am no legal eagle - perhaps DVD or someone can correct me!
I presume that she is currently on 9 points? 3 offences total of 3 points a time? And she is due to lose 3 of those points in the next 3 weeks - from when the last offence happened?
If this is the case she will receive a NIP - where it will state that she has to admit who was driving. In the NIP it says something along the lines of "if under 9 points you can plead guilty and accept 60 quid fine".
Obviously she cannot do this - as she has 9 points - so will have to go to court.
By the time it comes to court - it won't be within three weeks - she will "only" have 6 points.
So she just needs to convince the mags to give less that 6 points for this offence - which if she was only a few mph above limit - Surely they will?
I presume that she is currently on 9 points? 3 offences total of 3 points a time? And she is due to lose 3 of those points in the next 3 weeks - from when the last offence happened?
If this is the case she will receive a NIP - where it will state that she has to admit who was driving. In the NIP it says something along the lines of "if under 9 points you can plead guilty and accept 60 quid fine".
Obviously she cannot do this - as she has 9 points - so will have to go to court.
By the time it comes to court - it won't be within three weeks - she will "only" have 6 points.
So she just needs to convince the mags to give less that 6 points for this offence - which if she was only a few mph above limit - Surely they will?
trumpet600 said:
Can anybody help? My G/F has been a naughty girl. For the fourth time in 3 years she has been caught speeding in a 30. funny thing is, its the same camera in each instance. Well she is blonde!
The last offence was commited 3 weeks before she was due to lose her first offence off the licence. She has just started a new job were she is car dependant. What is the likely ban? and is it worth getting a solicitor involved. If so, any of you guys know of one who specialises in this sort of thing.
P.S if I was the judge, I'd sentence her to hanging!
Are you sure that you weren't driving in this instance
This would confirm it. It is the date of the offence not the date of conviction which is considered:
'Totting up'
If you receive 12 or more points in a three-year period, calculated for most offences from the date of offence to date of offence, you will be liable to an automatic disqualification.
The length of the disqualification will be at least six months; it will be at least 12 months if there has been a previous 'totting up' disqualification within three years of the last offence.
Courts have the discretion not to disqualify, or to reduce the period of disqualification when they consider mitigating circumstances exist.
However, the law restricts what the court can take into account:
No account can be taken of any circumstance which it is suggested lessens the seriousness of an offence
No account can be taken of any circumstance which has already been taken into account by a Court within the previous three years and when the Court either did not disqualify or reduced the disqualification period which would otherwise have been imposed
Hardship will not be a 'mitigating circumstance' unless it is exceptional hardship
'Totting up'
If you receive 12 or more points in a three-year period, calculated for most offences from the date of offence to date of offence, you will be liable to an automatic disqualification.
The length of the disqualification will be at least six months; it will be at least 12 months if there has been a previous 'totting up' disqualification within three years of the last offence.
Courts have the discretion not to disqualify, or to reduce the period of disqualification when they consider mitigating circumstances exist.
However, the law restricts what the court can take into account:
No account can be taken of any circumstance which it is suggested lessens the seriousness of an offence
No account can be taken of any circumstance which has already been taken into account by a Court within the previous three years and when the Court either did not disqualify or reduced the disqualification period which would otherwise have been imposed
Hardship will not be a 'mitigating circumstance' unless it is exceptional hardship
I find that quite interesting....... the line about from offence to offence.
This is my situation:-
6 points - SP30
Date of Offence 04.10.03
Date of Conviction 07.05.04
3 points - SP30
Date of offence - 17/10/03
Date of conviction, not stated (NIP)
So shall I start to relax on 4/10/06? Or do I have to wait to bin 3 points on 17/10/06.
Will my licence in fact be "clean" - (as far as totting up goes) on 4/10/06 or do I need to wait until 07/05/07 for those 6 points to disappear?
I would be very interested as to how it works as the sooner I can get off this knife edge I have been on for the last 18 months the better!
It would be nice to think that in 12 months from now, I will have 0 points as far as totting up goes - I have always assumed it would be the following May that the 6 would disappear.
This is my situation:-
6 points - SP30
Date of Offence 04.10.03
Date of Conviction 07.05.04
3 points - SP30
Date of offence - 17/10/03
Date of conviction, not stated (NIP)
So shall I start to relax on 4/10/06? Or do I have to wait to bin 3 points on 17/10/06.
Will my licence in fact be "clean" - (as far as totting up goes) on 4/10/06 or do I need to wait until 07/05/07 for those 6 points to disappear?
I would be very interested as to how it works as the sooner I can get off this knife edge I have been on for the last 18 months the better!
It would be nice to think that in 12 months from now, I will have 0 points as far as totting up goes - I have always assumed it would be the following May that the 6 would disappear.
Fats 25
Your 6 points for offence on 4.10.03 remain active for totting until 2359 hrs on 3.10.06 at which time, if you are a good boy and don't attract anymore, you will have 3 points until 2359 pm on 16.10.06. So have 6 to play with should you so desire to go back to the knife edge.
At 0001 hrs on 17.10.06, providing you do not pick up any more you will have no active points.
Endorsement will remain for a further year on the Licence.
On 4.10.07 you can apply to have the 6 points taken off the Licence and on 17.10.07 the remaining 3 points and Licence blessed like a virgin, not for the very first time.....
dvd
Your 6 points for offence on 4.10.03 remain active for totting until 2359 hrs on 3.10.06 at which time, if you are a good boy and don't attract anymore, you will have 3 points until 2359 pm on 16.10.06. So have 6 to play with should you so desire to go back to the knife edge.
At 0001 hrs on 17.10.06, providing you do not pick up any more you will have no active points.
Endorsement will remain for a further year on the Licence.
On 4.10.07 you can apply to have the 6 points taken off the Licence and on 17.10.07 the remaining 3 points and Licence blessed like a virgin, not for the very first time.....
dvd
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