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Hearing for possible 3pts leading to ban


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I have a hearing for a speeding offence (38mph in a 30mph zone). If guilty, the 3pts takes me to 12pts and a ban. Is the ban automatic after the hearing or is there a separate hearing to decide on the ban?
So when do I need to make an argument for Exceptional Hardship?

 

hopey

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Hi.

 

You had a thread before about a speeding case - is this the same one or a different speeding offence please?

 

What would your reason/s for exceptional hardship be?

 

HB

Illegitimi non carborundum

 

 

 

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Thanks HB. 
This is a different offence. 
Reason for EH is my work depends on my license, I drive for a living.

I have two young daughters, one has a disability. 
 

cheers

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hopey..not to state the obvious, but you need to be careful upon your speeding...

you are going to have a hard time avoiding a ban this time....

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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3 minutes ago, dx100uk said:

hopey..not to state the obvious, but you need to be careful upon your speeding...

you are going to have a hard time avoiding a ban this time....

Thanks dx100uk. 

I realise I need to be more careful but I have not faced this situation before. 

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The fact that you drive for a living does not mean you will face "exceptional hardship" if you get a totting up ban - lots of people drive for a living or their living is dependent on their ability to drive.

 

The court will place more reliance on how a ban will affect others - so to have any hope of escaping a ban you will need to be able to explain how a ban will have a detrimental effect on your ability to care for your disabled daughter (and anybody else).

 

If I recall correctly you are a professional driver/chauffeur.  Be prepared to answer the following question in court:  "Mr hopey7, you are a chauffeur and you rely on being a professional driver to make a living.  Your disabled daughter also depends on your ability to drive.  Bearing that in mind, how have you been so reckless as to accumulate 12 points and be facing a totting-up ban?"

 

I'm not being unpleasant or judgmental - they are likely to ask it or a similar question.

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Manxman in exile, thank you for that. 
Yes I am a chauffeur. I am being more careful going forward. 
Does anyone have an idea if the ban is on same day as the hearing?

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In the past, you couldn't drive home from the court. I don't know what the situation is now but I wouldn't assume that it's changed.

 

You could ring the court and ask them.

 

HB

Illegitimi non carborundum

 

 

 

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I think Honeybee is right.  The usual advice is not to drive yourself to court as if you are banned it takes immediate effect.

 

Try calling the court as suggested.

 

If you make an exceptional hardship plea, get your argument straight beforehand and make written notes to refer to.  (You may be able to submit something to the magistrates in writing - I'm not sure.  Ask the court again).  Make sure you emphasise the detrimental impact losing your licence will have on your daughter, and any other family members or other people who rely on your driving.

 

Also try searching this board for "totting" and search again for "exceptional" - see if there are any tips.  Man in the Middle posts good stuff.

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