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I have a summons for a speeding offence. I have six previous speeding offences showing on my licence dating back to 1994. If I take a short refresher driving course will the Court be more lenient?

I have a summons for a speeding offence. At the time of the offence in September 2007 I had nine points on my licence. I was doing 44 mph in a 30 mph limit. I have six previous speeding offences showing on my licence dating back to 1994 but only two are now valid giving me six points. Perhaps I should have sent my licence away to clear the old points, might the Courts look poorly at my record? Please note that all the previous speeding offences were no more than 9 mph over the limit. I have bought a Sat Nav to help remind me of speed limits and am looking to possibly enrole in a short refresher driving course in advance of the Court case. Would the Courts possibly be more lenient if I show them that I am making efforts to prevent speeding again? I am the sole provider for my family, to make my living involves driving and I have a wife and three children under 7. Please advise on my best defence.

We have talked and we will send you a bespoke email advice letter first thing in the morning.

If you get 12 points on your licence all at one time you must be banned from driving for a minimum period of 6 months. The Court looks at the date of the previous offences and if they are within three years of the date of the current offence then all the points add up together. If they add up to twelve then you are in trouble, it doesn’t matter if by the time you get to Court the points have dropped off.

You can only avoid a totting ban by making a successful exceptional hardship argument. We have helped many clients make these arguments over the last 14 months. We have almost an 80% success rate.  This means that 80% of clients that have asked us to help them with our fixed fee services saved their licences, even though they had twelve points and were facing a six month ban.

The success rate for those who don’t get specialist legal help is around 40%.

An exceptional hardship argument means giving evidence on oath in relation to the impact of a ban. You will be asked questions by the Court about your application and the Court will test the strength of your application. This can be a daunting prospect if you haven’t been in Court before. Losing your job is rarely considered exceptional enough to convince the Magistrates not to ban you. You can only make an exceptional hardship once in any three year period unless the grounds of your application change.

We can help you with a free advice call. We will highlight the strengths and weaknesses of your argument and then you can decide whether to make the argument yourself or instruct us to act on your behalf based on our fixed fee service.

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by Maria Mason last modified 2008-05-07 16:07

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