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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 69369
Experience:  Over 5 years in practice.
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Last night I was stopped by police doing 89 in a 60 in

Customer Question

Hi, last night I was stopped by police doing 89 in a 60 in Scotland. I am currently on 9 points which obviously is not a good/clever situation to be in. The officer stated that I will get a letter through the post asking me to admit the charge and that it was me driving, he said this can take up to 14 days. I have 28 days to reply to this (I think). He estimated it would be over two months before my case is heard. 3 of my points are due to come off my licence on the 5th of November (just under 8 weeks). If the case is after this I would be on 6 points. What is the best course of action for me to take? Should I utilise the 28 days to reply my plea, have read on other forums about an early guilty plea improving your sentence? What can I expect as an outcome? A ban?
Thanks
Jack
Submitted: 1 year ago.
Category: UK Law
Expert:  Jo C. replied 1 year ago.

I wouldn't do that.

Expert:  Jo C. replied 1 year ago.

The problem here is this. Whatever you get for the instant matter, it will be more than three points. If it is more than three points and you are currently on nine then you are at risk of a ban for totting. That will be for six months. The only way to avoid that is to argue exceptional hardship applies.

Expert:  Jo C. replied 1 year ago.

For 89 in a 60 mph zone you would normally be facing either four to six points or a ban for between seven and twenty eight days.

Expert:  Jo C. replied 1 year ago.

You will not be banned usually unless there was other aggravation here. You don't mention any. Actually you might be better with an immediate ban though as at least that would be shorter.

Expert:  Jo C. replied 1 year ago.

A better option is to use all of your time limits in order to try to put them in a position where they forget to summons. That is not likely obviously but it could happen and it is a lot less likely if you respond within a short time rather than using all twenty eight days.

Customer: replied 1 year ago.
If I did get a ban before my other 3 are off my licence, so say I got 4/5 points. When my other 3 come off in november it may take me back under the 12 points so can I re apply for my licence or if I get banned for 28 days is that set in stone
Customer: replied 1 year ago.
Or say it's a 6 month ban and my 3 come off 1 month into that would I get my licence back?
Expert:  Jo C. replied 1 year ago.

The dates are the dates of the offences so it doesn't matter when they drop off. If they were within three years at the time of the offence then I'm afraid they are valid for totting.

Customer: replied 1 year ago.
Any estimate on what the judge may decide in terms of points/fine/length of ban? Any way of reducing any of these?
Expert:  Jo C. replied 1 year ago.

For 89 in a 60 mph zone you would normally be facing either four to six points or a ban for between seven and twenty eight days.

Expert:  Jo C. replied 1 year ago.

You will not be banned usually unless there was other aggravation here. You don't mention any. It will be points.

Expert:  Jo C. replied 1 year ago.

If it is more than three points and you are currently on nine then you are at risk of a ban for totting. That will be for six months. The only way to avoid that is to argue exceptional hardship applies.

Customer: replied 1 year ago.
what type of things can be argued through exceptional hardship?
Expert:  Jo C. replied 1 year ago.

It depends on circumstances. You have to argue your individual circumstances and then the Court decides whether it amounts to exceptional hardship. Usually people argue loss of job although that does often fail.

Customer: replied 1 year ago.
Using the car for volunteer work within the community which I do? Can I ask that I do speed awareness courses etc to reduce bans?
Expert:  Jo C. replied 1 year ago.

No, I am sorry. It isn't suitable for this speed and anyway would only be offered if you had no or three points. Doing voluntary work would be a consideration if you could show that it was impossible to do it by public transport.