Only had 3 points on court date but still disqualified from driving on a standard sp10 charge.

[norr15]

Hi

 

I was caught doing 80mph on a dual carriageway back in March and just had my court hearing on Tuesday July 26th. During which time my points have gone from 9 down to just 3. I was unable to make court as it was 150 miles away and only had a few days notice. My case was heard and I was disqualified from driving for 6 months from the 26th July. If they are to take the 6 months from the 26th then I only had 3 points at that time and should only get 3 points and £100 fine?

 

Have I got a case here??

 

Would appreciate any help

 

MK

[renegadeimp]

Was it a DC with lowered limit? Or normal. Depending on circumstances, they COULD go straight for a ban and avoid the totting up procedure.

[norr15]

Pardon my response but what is a DC?

[norr15]

It also states on the letter that its for repeat offending??

 

Does that mean totting up?

 

MK

[renegadeimp]

DC = dual carriageway. Was posting via phone. And yes, if repeat offending, it means theyve seen you do it and caught you before, so in their eyes you didnt learn so they either gave more points or a DQ.

 

You could always ask and see how they figured out the punishment.

[norr15]

Yes it was a duel carriageway, I got pulled over after the officer caught me on his radar gun. It was early evening on an empty DC and the officer even wrote out a good report saying so. I know it means nothing and ''Speeding is still speeding'' This is my whole job and life at stake!! I do 50000 miles a year and I will never be able to say ill never speed again because id be lying. I only creep over the limit when not concentrating too well or when the roads are empty and cant judge your speed when not looking at the speedo. CRAPPER

[renegadeimp]

Well, its called a limit for a reason. Its not a target. Or guideline.

 

Perhaps speak to a solicitor and ask them about your appeal chances. Since you have been DQ's, i think youll probably need one to go through any possible appeal. BUt from your appeal, it sounds like they looked at your history and decided youve been caught before ( no idea how many times) and they figured you needed a harsher lesson.

 

remember, people do win appeals regularly. But youll need professional advice if you have a history of speeding.

[Raykay]

It is the points on the licence at the time of the offence that are relevant, not at the time of the court case.

 

If there were 9 on the licence in March they would count, plus the 3 for that offence, and the reason for the disqualification.

[Sidewinder]

I know it is after the fact and sounds like a slap in the face - that certainly isn't the intention, but the error here was probably in not pulling out all the stops to attend Court and plead for leniency, especially as your livelihood might be at stake. In such circumstances, respect to the Court, character references, a letter from your employer and offering to take voluntary driving assessments would all count strongly in your favour.

 

I would certainly be looking at an appeal

[Aretnap]

Indeed, you were in line for a totitng ban f you got 12 points in 3 years - measured from date of offence to date of offence. The date you actually appear in court is irrelevant (otherwise t would be say to aid a rotting ban simply by delaying the court proses as much as possible.

 

You can appeal against your senescence to the crown court provided you do so within 21 days of the conviction. Unless you think that the magistrates made a mistake with he dates (remembering it's the age of the offence that matters) any appeal would have to focus on "exceptional headship" that a ban would cause. Exceptional hardship means headship over and above that which would normally be expected to result from a ban - so having toget up at 6 am in order to take two buses and a train to work is normal hardship; losing your job, having to look for another (lower paid) job and reduce your standard of living as a result is probably fairly normal hardship; losing your job when you have no realistic hope f getting another one and losing your home as a result MIGHT be exceptional hardship. As a rue of thumb, hardship caused to other people (eg family) will weigh more heavily that hardship caused to you personally.

 

If you do appeal you will have to be prepared to turn upon the allocated date, no matter how inconvenient it is.

[BazzaS]

I do 50000 miles a year and I will never be able to say ill never speed again because id be lying. I only creep over the limit when not concentrating too well or when the roads are empty and cant judge your speed when not looking at the speedo.

 

Little point in appealing and asking for their discretion to avoid a ban if the OP is likely to get further points for more speeding and be back to court again soon.

 

At least taking the ban resets the OP's points to zero when they get their licence back.

[disgruntled2007]

I do 50000 miles a year and I will never be able to say ill never speed again because id be lying. I only creep over the limit when not concentrating too well or when the roads are empty and cant judge your speed when not looking at the speedo. CRAPPER

 

And you believe you don't deserve a ban why, exactly?