Letter from your work to plead a driving ban

Letter from your work to plead a driving ban

Author
Discussion

offshorematt2

Original Poster:

864 posts

217 months

Friday 22nd January 2010
quotequote all
A friend of mine (no really!) is up in court on a fairly serious speeding charge soon that will likely result in a short ban. He has already plead guilty by letter but they have postponed sentencing as they want him present (I guess for a b0llocking?)

His solicitor has suggested he obtain for the court a letter from his boss stating that he will be unable to fulfill his work properly without a licence. This is quite true - he is required to drive to remote locations regularly which he will obviously not be able to achieve without his licence. The idea is to request points instead and his boss has agreed but wants him to draft up the letter.

He's asked me if I know what a letter like that should cover or how it is best phrased. I haven't got a scooby to be honest. Anyone got any experience in this? Or have any links to online resources that may help with the wording? His attempt at the moment reads like a note form his mum excusing him from gym class...

On a related note, any idea which the insurance compaines look most unfavourably on? A short ban or a whole load of points in one go on an otherwise clean licence? If it were me, I think I would take the ban and get it all over and done with rather than living in fear for the next three years...

Cheers for any advice...

Decky_Q

1,514 posts

178 months

Friday 22nd January 2010
quotequote all
In the short term for insurance its likley to make no difference as 12points and conviction for dangerous driving are going to look equally as bad as a ban for dangerous driving. In teh long term you only have to declare the points for 8years but teh ban for life so after 8 years itll be better to have taken the points imo

MilnerR

8,273 posts

259 months

Friday 22nd January 2010
quotequote all
Decky_Q said:
In the short term for insurance its likley to make no difference as 12points and conviction for dangerous driving are going to look equally as bad as a ban for dangerous driving. In teh long term you only have to declare the points for 8years but teh ban for life so after 8 years itll be better to have taken the points imo
where does it state dangerous driving? I thought his friend was being done for speeding....
I'd opt for a short ban and no points rather than tottering around on 9 points for the next 3 years. If be does get banned under totting up the ban will be longer. I'd take all my holiday and then look into paying a driver or taxi for the rest of the ban. The length of ban for excessive speed are usually not that long (30-60 days).

aquatix

1,587 posts

191 months

Friday 22nd January 2010
quotequote all
offshorematt2 said:
Anyone got any experience in this? Or have any links to online resources that may help with the wording? Cheers for any advice...
http://forums.pepipoo.com/index.php?showtopic=30701

Loads of other info on that site if you search for 'mitigation'. It will help (depending on magistrates), although if your friend is a decent, hard working, normally law abiding citizen - then he can expect to get reamed much more than a jobless, joyriding scrote ! mad

10 Pence Short

32,880 posts

218 months

Friday 22nd January 2010
quotequote all
Go for the short term ban- it's better in the long run than 6+ points.

Letter from employer should state why the employee is required and what harm it would do to the company if employee couldn't drive for an extended length of time. Avoid comments directly suggesting magistrates should or shouldn't do something.

As part of the letter, I would have the employer state that an employee may be able to use their holiday entitlement of, say, two weeks, where the company would not suffer and that anything more would mean the employee may be replaced and company suffers etc.

Worded in the right way with supprting and apologetic words from the offender should wangle a 14/21 day ban for a not too ridiculous speeding offence, I would imagine.

Emma Patterson

769 posts

176 months

Friday 22nd January 2010
quotequote all
offshorematt2 said:
A friend of mine (no really!) is up in court on a fairly serious speeding charge soon that will likely result in a short ban. He has already plead guilty by letter but they have postponed sentencing as they want him present (I guess for a b0llocking?)

His solicitor has suggested he obtain for the court a letter from his boss stating that he will be unable to fulfill his work properly without a licence. This is quite true - he is required to drive to remote locations regularly which he will obviously not be able to achieve without his licence. The idea is to request points instead and his boss has agreed but wants him to draft up the letter.

He's asked me if I know what a letter like that should cover or how it is best phrased. I haven't got a scooby to be honest. Anyone got any experience in this? Or have any links to online resources that may help with the wording? His attempt at the moment reads like a note form his mum excusing him from gym class...

On a related note, any idea which the insurance compaines look most unfavourably on? A short ban or a whole load of points in one go on an otherwise clean licence? If it were me, I think I would take the ban and get it all over and done with rather than living in fear for the next three years...

Cheers for any advice...
His solicitor should actually write to this chaps boss and set out the areas that the letter needs to cover.

In essence he should confirm whether or not he will be able to fulfill his role at work if he can't drive.

If he wont be able to it should confirm whether or not he will be sacked if he is banned.

It should outline how long he has worked for the business and whether or not he is a highly skilled/valued memeber of the team.

The boss should outline any adverse implications for the business if they lose him. e.g. if he is a good sales rep then the business would suffer if they lose him. Would that put other people's jobs at risk?

Also consider whether the business has spent time and money training him and the fact that the business will suffer recruitment costs in replacing him.

That sort of stuff.....

Emma Patterson

769 posts

176 months

Friday 22nd January 2010
quotequote all
offshorematt2 said:
A friend of mine (no really!) is up in court on a fairly serious speeding charge soon that will likely result in a short ban. He has already plead guilty by letter but they have postponed sentencing as they want him present (I guess for a b0llocking?)

His solicitor has suggested he obtain for the court a letter from his boss stating that he will be unable to fulfill his work properly without a licence. This is quite true - he is required to drive to remote locations regularly which he will obviously not be able to achieve without his licence. The idea is to request points instead and his boss has agreed but wants him to draft up the letter.

He's asked me if I know what a letter like that should cover or how it is best phrased. I haven't got a scooby to be honest. Anyone got any experience in this? Or have any links to online resources that may help with the wording? His attempt at the moment reads like a note form his mum excusing him from gym class...

On a related note, any idea which the insurance compaines look most unfavourably on? A short ban or a whole load of points in one go on an otherwise clean licence? If it were me, I think I would take the ban and get it all over and done with rather than living in fear for the next three years...

Cheers for any advice...
Whats the actually offence by the way and what sort of ban is he at risk of? discretionary for high speeds?

offshorematt2

Original Poster:

864 posts

217 months

Friday 22nd January 2010
quotequote all
Thanks for the advice, folks, will pass it on.

Speed was 97 in a 60, late at night, long straight road. Deliberately omitted this earlier so the thread didn't become a will he/won't he from a ban point of view. Reading back a few pages shows three threads for similar offences and the outcome was mixed.

Stupid (and from what he tells me also slightly questionable but I won't go into that) but he has already plead guilty so regardless of true speed, he is still going to get the book thrown.

Unfortunately he is young and a generally law abiding guy so I assume they will throw the book at him. I'll tell him to turn up in court in trainers and a hoodie - he'll probably get let off wink

Emma Patterson

769 posts

176 months

Friday 22nd January 2010
quotequote all
With really good mitigation he might be able to avoid a ban. If he's a new driver he might be better off getting a short one, rather than 6 points?

offshorematt2

Original Poster:

864 posts

217 months

Friday 22nd January 2010
quotequote all
Emma Patterson said:
If he's a new driver he might be better off getting a short one, rather than 6 points?
Ooops. By 'young' I mean he's younger than me. Been driving for almost ten years I think... I must just be getting old. smile

paintman

7,692 posts

191 months

Friday 22nd January 2010
quotequote all
Have a look here and go & see a solicitor.
http://www.drivingban.co.uk/drivingban/speedingoff...

mak

1,437 posts

227 months

Friday 22nd January 2010
quotequote all
Just for reference i had a short ban and in no way did it affect any insurance quote i inquired about, yet the points i have since picked up (sp30's) have loaded my policy confused So be aware.
There is one thing that has puzzled me to this day though, after the ban my insurance company cancelled my policy ( that i had paid in full, fully comp) and left me with a very expensive car sat in the garage with no cover for theft rolleyes.

Ms Demeanor

769 posts

176 months

Friday 22nd January 2010
quotequote all
paintman said:
Have a look here and go & see a solicitor.
http://www.drivingban.co.uk/drivingban/speedingoff...
Are you paid on a commission only basis paintman?

bimsb6

8,045 posts

222 months

Friday 22nd January 2010
quotequote all
i had a letter from work albeit some years back before all the under fives in the nearest village died as soon as you exceeded 80mph for getting clocked at 124 in a 70 on a local dual carriageway and i think it may have helped along with having a young family blah blah blah and i got a £150 fine and 3 points .






RESULT !