Disqualification Advice

[TheSlaternator]

Hi

 

This is a quick one guys and gals, my wife got a 6 month ban for totting up more than 12 points. The case was heard in her absence and we asked for the case be reheard, appealing the length more than anything else. This was back on the 25th April. The case is due to be reheard on the 7th September.

 

After the 25th we kept getting letters from the DVLA asking for the license to be returned which we have and she has not driven to this day. The letter from the court for a rehearing does not state that she could drive or not.

 

We had the license returned this week with no disqualification added to the counterpart.

 

My questions are is how do we play this with the magistrate on Friday? It would be really harsh if she gets another six months after almost doing 5 months of a 6 month ban?

 

Any ideas?

 

Thanks in advance.

 

Regards

 

Dave

[TheSlaternator]

24hr bump???

[nohope]

If she's almost done her 6 month ban then why even bother with the courts. When you found out it would take 5 months to get back to court i would have thought it was pointless 5 months into a 6 month ban.

There is the possibility that she mite end up with more or on the other hand the judge mite just tell you to go away and stop wasting there time this close to the end of the ban.

[dw190]

There is the possibility that she mite end up with more or on the other hand the judge mite just tell you to go away and stop wasting there time this close to the end of the ban.

 

But the license has been returned without the disqualification:

 

 

We had the license returned this week with no disqualification added to the

counterpart.

[nohope]

I would ring the dvla and check to see why its not been added, it may just be an error on there part.

[dw190]

it may just be an error on there part.

 

One of the many thousands they make.

[Raykay]

As your wife was not in court to surrender her licence, the normal process is that the court notify DVLA of the conviction and they (DVLA) would write to your wife, asking for the licence and counterpart. As you have asked for the case to be re-opened, it may be that the notification to DVLA of the disqualification was sent before your application, which resulted in the letter. If the disqualification was cancelled until the new hearing, the court would again notify DVLA of it, and that could be why they returned the licence without the disqualification on it.

 

The disqualification period for 'totting' is fixed at 6 months (or longer for repeat offenders) by s.35, Road Traffic Offenders Act 1988, it cannot be shorter, although convincing the bench of the undue hardship a disqualification will cause to other people can result in disqualification not being awarded.

Edited September 5, 2012 by Raykay