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Thomas Judge
Thomas Judge, Solicitor Advocate
Category: UK Law
Satisfied Customers: 32826
Experience:  Award winning lawyer with over 15 years experience
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My son has been summoned to court fro speeding, 106,mph on

Customer Question

My son has been summoned to court fro speeding, 106,mph on M6, his speedo had just broken, the hand was flying about up and down all over the place - he has video of this, dated. He needs to plea on the form by post, guilty of speeding yes, but with mitigating circumstances due to speedo problem and to explain he needs his licence for his job, he is in the army, armoured core, driving tanks etc around all day, his wife and 2 children live with him on barracks in army accommodation, he cannot afford to be banned from driving. has no other points on his licence. Age 22. Advice needs on how to word the plea statement.
Submitted: 11 months ago.
Category: UK Law
Expert:  Thomas Judge replied 11 months ago.

Let me see if I can help. My view on the issue of mitigation is that you usually do better where you are seeking to avoid the loss of a driving licence where you attend a specific hearing rather than allow for matters to be dealt simply on the paperwork. Although any submission should include an explanation for the offence and details of the potential implications, the fact of the matter is that there is no set formula as each individual's circumstances will be different. The Court will consider his case on the merits of his situation alone so it is important that any submission covers your particular scenario. The key is not so much the loss of the licence to him - but how it will affect others - his children and his wife and the army would as such be very significant matters to rely on in his mitigation and how they will be affected rather than him. Happy to discuss further. Please rate positive

Customer: replied 11 months ago.
To help I really need to know how to word the letter, I have already stated that a ban would cause extreme hardship for the family, that they rely on his job and that he would lose the job if banned, he needs to drive he is in the lead calvary battle group regiment, they live in army housing and go to army school, they would also lose their home. His wife does not work and therefore they would be in no position to pay a fine, they already are very tight with budgeting.
Rather than just saying, it will cause extreme hardship, is there any legal terminology we can use that we should state in the letter, there is usually a way or working these types of things for maximum effect?
Expert:  Thomas Judge replied 11 months ago.

You should give examples of the hardship as you have above - the key sadly is to set out the details of the fact that he will lose his job and their home. This is vital information. If he can get letters from the army in support then this too would be really great. There is no legal phrase. The key is proving exceptional hardship. The lose of the job and home etc. He must show the implications and effect of a disqualification would go far beyond that which would normally be anticipated. The Court will automatically assume that any suspension will result in hardship and will emphasise that that is the purpose of a disqualification. However, if it can be established that the implications would go far beyond that which would be reasonable, it is feasible that the Court would accept those circumstances as being "exceptional" and sufficient to justify a punishment other than a licence suspension. I hope that this helps. Please rate positive

Expert:  Thomas Judge replied 11 months ago.

I hope that this helps. Please rate positive - happy to discuss

Customer: replied 11 months ago.
You haven't rally given me any terminology I can write in the letter, other than to confirm my question and suggestions to you. I need you to draft me a response if possible or give me a little more input than you have please.
Expert:  Thomas Judge replied 11 months ago.

There is no specific terminology which works. If you want to write a letter (you know more about this the I do) then send and I will amend for you

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