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I was disqualified for 6 months last Wed whwn I pleaded guilty

 
Jomo1972's Avatar
  • Answered by:Jomo1972
  • Barrister
  • Positive Feedback: 95.6 %
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in UK Traffic Law

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Customer Question

I was disqualified for 6 months last Wed whwn I pleaded guilty to speeding (40mph in 30 zone). I had 9 points at the time of the offence but 6 points when I went to court and a further 3 points expire tomorrow. Is there any way I can appeal to get the ban reduced or rescinded?

 

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Province/Country relating to question : MacGowan

Already Tried:
Nothing you are my first point of call

Submitted: 309 days and 6 hours ago.
Category: UK Traffic Law
Value: £22
Status: CLOSED
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Expert:  Jomo1972 replied 309 days and 6 hours ago.

Hi

Thank you for your question and welcome to Just Answer. I will try to help with this.

You have an automatic right of appeal to the Crown Court from the Magistrates Court within 21 days of sentence.

However, you misunderstand the law. The relevant time is the date of offence. The issue will be the number of points you had at that time. Whether points drop off subsequently or not is a non issue. you will still be a totter if you had 9 points then.

You could still appeal on the basis that you would suffer exceptional hardship if disqualified but then you have to support it I'm afraid.

Sorry thats probably not the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please remember to rate my answer and provide feedback and then I will give you related information for free. Your question will not close but I will thereafter give you follow up information at no extra cost.

Customer replied 309 days and 6 hours ago.

Is there any way I can appeal to the DVLA to get my licence back early

Accepted Answer

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Expert:  Jomo1972 replied 309 days and 6 hours ago.

Not for a totting matter.

There is only one way to avoid that and that is to argue exceptional hardship.

I'm very sorry but thats your position.

Expert TypeBarrister
Category: UK Traffic Law
Pos. Feedback: 95.6 %
Accepts: 2739
Answered: 6/15/2012

Experience: Bar Exams, over 5 years in practice

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