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Stuart J
Stuart J, Solicitor
Category: UK Traffic Law
Satisfied Customers: 22403
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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I got flashed 40 in a 30 zone in Worthing, Sussex

Customer Question

i got flashed for doing 40 in a 30 zone in Worthing, Sussex a few weeks ago. I have 9 point on my licence (but none of them for speeding). Any idea what my chances of being offered a Speed Awareness Couse by Sussex police might be (as opposed to a 3 point fixed penalty - which would give me a totting up ban) please? thanks and best regards
JA: OK. The Traffic Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: no
JA: Please tell me everything you can about this issue so the Traffic Lawyer can help you best. Is there anything else the Traffic Lawyer should be aware of?
Customer: I have 3 points for parking (on a saturday night!) in a red zone in sw London - 7 September 2013, so would roll off on 7 September this year, and 6 points from July 2015 for no insurance (I had no idea my insurance had expired). have held a driving licence for 40 years - no accidents, two previous sets of point for speeding (many years ago) - thanks
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Traffic Lawyer about your situation and then connect you two.
Submitted: 7 months ago.
Category: UK Traffic Law
Expert:  Stuart J replied 7 months ago.
What are the other points for and when? Thanks
Customer: replied 7 months ago.
3 point for illegal parking sept 7 2013
6 points for no insurance July 10 2015thanks
Expert:  Stuart J replied 7 months ago.
There is no legal obligation on the police to offer you a speed awareness course. Nor is there the facility you to ask for although, writing and asking for one cannot do any harm.The existing number of points on your licence is not relevant unless any of them of speeding.To be eligible you must meet the following criteria · you admit to being the driver of the vehicle and this is received by us within 42 days of the date of the offence · you haven't attended a Speed Awareness course within the last three years · the speed you were travelling at the time of the offence must fall within the acceptable speed range which in your case is up to 42mph inclusive. Each force has its own criteria for whether they will offer the course of and it actually comes down to the discretion of the individual who processes the ticket as to whether you get offered the course or not.You may be able to avoid a ban from totting up if you can prove exceptional hardship or special circumstances. Special circumstances would be, for example, medical emergency where you were taking someone to hospital. Exceptional hardship is not necessarily hardship to you because a disqualification (usually six months for totting up) is meant to give you some hardship. It is better to plead hardship for those around you such as children that you need to take to school, the loss of your job and no income to feed the family, vehicle needed to care for someone who was dependent on you et cetera et cetera.I’m not certain whether that answers the question for you or not but I’m happy to answer any specific points arising from this.Please do not forget to use the rating service to rate the answer positively so that I get credit from my time today. You may get the impression thread closes after rating, but it does not, it remains open we can still exchange emails if you wish.
Customer: replied 7 months ago.
Stuart - thanks. The alleged offence took place on 25 March but the letter to me is dated 6 May (one week ago - because I am guessing the original NIP was sent to the car's registered keeper - a friend). Does that rule me out from consideration for a speed awareness course?Thanks
Expert:  Stuart J replied 7 months ago.
It does but I wouldn’t let it stop me writing. You never know.

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