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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 64982
Experience:  Over 5 years in practice.
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Hi there, I passed my driving test in September 2011. In

Customer Question

Hi there,

I passed my driving test in September 2011.

In January 2012 I dropped my disabled nephew off at a group in a place I had not been. I stopped a few yards behind parked cars. My nephew was helped out of the car by a group volunteer, I did not leave the car and a few seconds later went to drive off. A police car was passing and they gave me 3 points and a fine. The policeman advised me the parking area did not start until a few yards down. I felt awful that I didn’t notice this as it was dark and I just wanted to make sure my nephew didn’t need to walk far (I was the only person in my family to drive. We now have a disabled badge for him).

I was driving to Inverness last month and made an awful misjudgement when I followed the speed of the busy road. The lane had gone from 2 down to 1 and I made the stupid assumption the speed was 70mph, the speed limit was 60mph. I should never have followed the traffic and been aware of the limits. I disgusted about what I done.

I have always felt more than most an overwhelming sense of responsibility due to having a disabled nephew who I look after. I feel disgusted at the fact I have disobeyed the law and not followed the rules. The implications of what I done could have been catastrophic. I have never done this before and it has shaken me a lot. I work full time in Glasgow and travel to Bathgate every week day and weekends to help my sister.

I know if I exceed 6 points in my first 2 years of having my licence I will have my licence revoked.

I am not sure if this is possible, but do you feel is there any possibility I could appeal to have a period of disqualification and a larger fine by way of a punishment instead of penalty points?

Many thanks
Rebecca
Submitted: 1 year ago.
Category: UK Traffic Law
Expert:  Jo C. replied 1 year ago.
Hi

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

In order to give you answer tailored to your circumstances I will need to ask you some preliminary questions so that I can consider your position from all angles.

What speed were you doing?
Customer: replied 1 year ago.

Hi there, thanks for replying. My speed was exactly 70mph.

Expert:  Jo C. replied 1 year ago.
Thanks.

Is there any reason you think you are facing 6 points?
Customer: replied 1 year ago.

For jomo1972

 

I received a letter to confirm I need to take my licence along with £60 fine to my local court office. I read online that they would pass the details to DVLA and they would revoke my license

Expert:  Jo C. replied 1 year ago.
Yes, but why do you think you may be facing 6 points?
Customer: replied 1 year ago.

For jomo1972


 


Sorry, I received 3 points for letting my nephew out of the car last year. The letter I have had says I will receive 3 points for my speeding fine.

Expert:  Jo C. replied 1 year ago.
Thanks.

I see your concern.

I just need 10 mins to type out an answer if thats OK but I'm afraid its fairly bad news.
Customer: replied 1 year ago.

Ok, thank you for any help you can give me. I appreciate any help.

Expert:  Jo C. replied 1 year ago.
Thanks for the information.

I am sorry but I cannot give you any good news.

If you were travelling at 70 mph in a 60 mph zone then you would only get 3 points and a fine. There's just no justification for anything else for this specific contravention.

Unfortunately if you have a previous 3 points in the last three years that would take you to 6.

I'm afraid that would mean you are subject to revocation of your licence if you only passed your test in the last two years.

There's really no way around that. You cannot avoid revocation. Its a mandatory consequence by statute.

The best hope you have is that they will forget to summons you. That does happen sometimes.

There is always the outside chance they could offer the speed awareness course instead of points. It would be contrary to policy but they can breach policy when it suits them.

Unfortunately there is no exceptional hardship test with revocation under the new drivers scheme. That arises with disqualification for totting which is a different thing.

For what its worth, my own personal view is that this is an outrageously draconian measure but we are stuck with bad law I'm afraid.

I'm sorry this isn't 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 let me know if you need more information.



Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 64982
Experience: Over 5 years in practice.
Jo C. and 2 other UK Traffic Law Specialists are ready to help you
Customer: replied 1 year ago.

For jomo1972


 


I appreciate your help and advice. It was a terrible thing to do and I sincerely XXXXX XXXXX paying attention. I'm just desperate not to loose my licence as my sister will struggle with my nephew. I will take your advice and not attend to have points put on. Hopefully I could send them a letter if they do follow up, explaining my circumstances and how the initial 3 points came to be.


Thanks again for your help and advice.

Expert:  Jo C. replied 1 year ago.
Hi

Sorry but thats not what I said.

If you don't attend court they will try you in absence and convict you, give you three points so the DVLA will revoke anyway and then impose a massive costs order.

If they do summons you then you must deal with the issue - probably by pleading guilty.
Customer: replied 1 year ago.

Reply to jomo1972


 


It was a conditional offer of fixed penalty notice I received. I might try to go to the court office with my letter and talk to the advisor there to see if they can look to reduce my punishment to what you mentioned.


 


Thanks again for your help and advice.

Expert:  Jo C. replied 1 year ago.
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Customer: replied 1 year ago.

reply to jomo1972


 


When you say administration matter do you mean they will give me the points and fine but wont take away my licence?


Do you think I should take my licence to the court and hope they won't revoke, or wait until the 28 days expires and await the summons to seek a less punishment? Thanks so much for helping, you have been great.

Expert:  Jo C. replied 1 year ago.
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