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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 70516
Experience:  Over 5 years in practice.
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Jo, I was driving a friend to their home down the road,

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Hi Jo,
I was driving a friend to their home down the road, using their vehicle who had too much alcohol to drink. I was not insured on the vehicle + my license is currently revoked ( yes I know very stupid ). The police stopped us and came to the discovery of this. I am due to attend court next month for this. Currently I have 9 points on my license... with this recent event is very likely I will face disqualification. Is there any way to prevent this from happening? How can I fight this - I've just started a new job which from time to time provide the employee with a company to travel to different work sites.
Please could you advise?

Hi - what were your other points for please and when did you get them?

Customer: replied 1 month ago.
Last year, early-mid 2016, red light offences which took me to 6 points.Then December 2016 mobile phone offence which took me to 9 points in total.
Customer: replied 1 month ago.
Do you need any other information?

Can you do this work by any other means than driving?

Customer: replied 1 month ago.
I am still able to get to work without driving yes. But occasionally I may be required to travel to other sites, which some are not suitable to access via public transport.Additionally have a 1 year old child which I take care of every weekend, this includes collecting her from nursery etc.. The living distance between myself and the mother is not close and I am the main source of transport as she does not drive at the moment.As you can see, this will cause hardship, because not only will it potentially affect my work, but affect my family who are innocent in this situation.What is your thoughts on this Jo?

Thank you.

You could argue that you will suffer exceptional hardship if you are banned.

The problem with exceptional hardship is the burden of proof passes to you to show that you will suffer such hardship and is quite difficult to do.

Your best argument is that it will affect people who are innocent but you need to gather evidence of what specifically the impact will be of you being unable to get to sites that are not accessible by public transport. Is your employer saying that you will be dismissed? Or is he saying that somebody else could do that for a short time? If he is saying that you will be dismissed then you need to come to court and give that evidence as the crown won't agree it in a letter won't be adequate.

You might also look into the cost of taxes is that will be relevant because the court will want to understand why you couldn't afford to do work using taxes.

That will be a consideration for childcare as well I'm afraid.

That is all stuff that can be done but you will need to do it for the appeal will be lost.

Can I clarify anything for you?

Jo

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