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Alice H
Alice H, Solicitor/Partner
Category: UK Traffic Law
Satisfied Customers: 2849
Experience:  Partner in national law firm.
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I am accompanying a colleague to court tomorrow for a magistrates

Customer Question

I am accompanying a colleague to court tomorrow for a magistrates hearing for a speeding offence. He has been prosecuted before for speeding but was spared a ban due to exceptional hardship, and is pretty certain he will be banned this time. The exceptional hardship conditions still apply along with more which involve his volunteer community work with myself. He won't engage a solicitor and I am not sure what to expect. If he is banned from driving tomorrow are we able to put our case forward in court then? If not, can he keep driving until his case is heard? If the magistrates turn down our appeal can we take it to Crown court? Can he drive until this hearing? Many thanks.
Submitted: 3 years ago.
Category: UK Traffic Law
Expert:  Alice H replied 3 years ago.
My name is Alex Hughes and I am a Solicitor based in London. I'm happy to help with your question today.

What points are presently endorsed on his licence? Do you know the dates of each offence the points endorsed on each occasion?

What date was the last exceptional hardship hearing?
Customer: replied 3 years ago.

Hello Alex, many thanks for looking at this for me. He definitely has 6 points currently but may have 9 - he has lost all paperwork but thinks that 3 of the points may have expired. All he can tell me is that the points were endorsed three to four years ago. He said something about them being SP30's??? and that he had 3 points for one offence and 6 for the other. His last exceptional hardship hearing was about four years ago. I am sorry to be so vague - he is quite infuriating in his lack of attention to detail and poor memory! But he is carrying out valuable community work which faces folding if he loses his license, and he is also sole carer for his elderly and sick mother, so I would really like to help him.

Expert:  Alice H replied 3 years ago.
OK no problem.

Do you know the speed he was travelling on this occasion and whether it was a 30, 40, 50 or 70 mph zone?
Customer: replied 3 years ago.

He was around 70mph on a clear expressway very early in the morning, but he had just entered a 50 limit with roadworks.

Expert:  Alice H replied 3 years ago.
OK thanks.

For a speed of around 70 mph in a 50 mph zone the Court will impose 4 - 6 penalty points.

The fact that his speed is significantly higher than the limit plus his previous convictions for speeding mean that he is at risk of receiving 5 or 6 points on this occasion.

The new will be added to his licence. The penalty points for any other offences committed within the last 3 years will then be used to calculate whether should be disqualified under the 'totting up' procedure.

The totting up procedure is where the Court disqualifies a person from driving for at least 6 months where an accumulation of points has reached 12 or more.

The only way to avoid a disqualification under the totting up procedure is to argue exceptional hardship i.e. that he will suffer exceptionally as a result of being disqualified.

So long as the last exceptional hardship argument was more than 3 years ago, he will be able to run the argument. However, if the last argument was within 3 years he will not be able to use the same reasons as before to avoid disqualification.

If your friend is disqualified he will not be able to drive as of that moment. However, if he decides to appeal he can ask the Magistrates to suspend the disqualification pending appeal. This is a discretionary power and it is entirely up to the Magistrates to decide whether to to suspend the ban or not.

Hope this helps. Please remember to rate my answer. Happy to discuss further.