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I have been reported for excess speed of 106mph on a dual carriageway

 
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  • Answered by:Jomo1972
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Customer Question

I have been reported for excess speed of 106mph on a dual carriageway in Dorset on 08 June 2012. I have 6 penalty points on my licence ( date of conviction 030210 ) for excess speed already. At the time I was riding a BMW 1600 motorcycle.

The court case is pencilled in at Weymouth magistrates cort on 11 July 2012.

I am aware of the totting up procedure

I believe I have a case for exceptional circumstances but would welcome advice on whether there are any other options. I don't believe I was travelling at that speed which I mentioned to the officer (non traffic officers) at the time.

I am due to travel to Nairobi at the end of Aug to take up a posting there for 2 years.

 

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Province/Country relating to question : Uk

Already Tried:
Nothing only received summons today

Submitted: 290 days and 15 hours ago.
Category: UK Traffic Law
Value: £43
Status: CLOSED
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Expert:  Jomo1972 replied 290 days and 15 hours ago.

Hi

Thank you for your question and welcome to Just Answer. I will try to help with this. Please RATE my answer OK SERVICE or above.

What would you like to know?

Customer replied 290 days and 15 hours ago.

Firstly is it advisable to speak with a solicitor in person and ask him/ her to represent my case

Secondly it's the likely disqualification that I wish to avoid so what are my options

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Expert:  Jomo1972 replied 290 days and 14 hours ago.

Was the speed limit 70 mph? This is a dual carriageway? The speed wasn't reduced?

Customer replied 290 days and 14 hours ago.

Yes dual 70mph no speed restrictions

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Expert:  Jomo1972 replied 290 days and 14 hours ago.

Whats your exceptional hardship argument?

Customer replied 290 days and 14 hours ago.

My wife had a total hip replacement on her right hip on 20 June. She is due out of hospital today and cannot drive for 6 weeks ( end of July) so is totally reliable on me

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Expert:  Jomo1972 replied 290 days and 14 hours ago.

Does she need to attend hospital appointments?

Why can't she use cabs? This is really important.

Customer replied 290 days and 14 hours ago.

Yes she has planned at the moment one appointment per week to attend physiotherapy.

We live in the country. The taxi fare would be approx £40 return

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Expert:  Jomo1972 replied 290 days and 14 hours ago.

To be wholly honest, you are going to struggle to bring that within exceptional hardship I'm afraid.

If you were doing 106 mph in a 70 mph zone then you are facing 6 points or 7 - 56 days disqualificaiton unfortunately. These are guidelines not tramlines though so you may be able to convice them to give you fewer points in which case your licence would be saved.

If you get a short disqualificaiton then you will get your licence back clean.

If you get 6 points and your other 6 are within three years then unfortunately you will be a totter and so facing disqualification for 6 months.

You have to convince the Bench that you will suffer exceptional hardship if disqualified. That does not mean severe inconvenience but exceptional hardship. That is a higher test than just showing that there will be expense and difficulty. Usually it involves loss of job, inability to take children to school, difficulties with getting families to hospital that cannot be overcome by use of public transport.

Exceptional hardship can be reached but you need to show more than inconvenience.

I'm very sorry but thats your position and I have a duty to give you truthful information.

 
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