Expecting Court Summons

[Ryomen Sukuna]

Hello everyone.

I am expecting a court summons for totting up 12 points in 3 years, after having been issued a NIP for doing 38 in a 30 zone. My historical driving offences (excluding most recent) are listed as follows:

1) Offence date: 20 Jul 2020
SP3 Penalty points: 3
2) Offence date: 16 Jul 2020
SP30 Penalty points: 3
3) Offence date: 2 Jan 2021
LC20: Driving otherwise than in accordance with a licence - this was after I drove with provisional licence following licence revokation under the new drivers act.
Penalty points: 4
Total penalty points prior to recent offence: 10

I will plead guilty to the offence, but would like the court to consider exceptional hardship, work related stress, loss of income for my father, sole driver in the household and risk of missed rental payments as a reason to refrain from banning me.

I am the breadwinner of the family and my father relies on me for financial income - to drive him to and from work. Due to the nature of my work as a self employed healthcare professional I need to drive to various locations around the country to fulfill contracts.

 

My father is in the same line of work as myself and we essentially work together under different limited companies. He is also diagnosed with glaucoma and struggles to commute on public transport without bright lights. Coupled with the fact he is due to have surgery this year and relies on me to drive him to appointments in London.

 

I would like to argue that losing my licence would result in a lack of income for the household, inability for my father to work and attend appointments and lead to risk of missed rental payments, along with other bills and expenses.

 

At the time of the offence I was dropping off medication to the local pharmacy as part of my employment and used my own car to do this - though I presume this holds no weight in court.

I am aware that hardship must be exceptional and loss of employment in and of itself will not be viewed as exceptional by the magistrates. I therefore have the following questions for the members of this forum.
- Do you have any advice on how I can represent myself in court to minimise/eliminate the risk of getting a 6 month ban?
- what supporting evidence should I prepare in advance to support my case, as I plan to represent myself in court?
- what element of the exceptional hardship case should I focus on to increase my chances in court?
- when should I expect to be summoned to appear in court?

Things for readers to consider:
- myself and my father are self employed health care professionals
- we both have little to no personal savings and high outgoings (rent, bills etc)
- I am the only driver in the household
- there is no guarantee I will have the ability to call on my employer for support at the time of court hearing
- I have not yet been given a court date
- I am not eligible for the speed awareness course, which I completed in August 2020

Any guidance would be appreciated

[BazzaS]

Are you aiming for:

a) no ban at all?, but the points remain, or

b) a ban (and wiping of those points) but getting it reduced below the 6 months that is mandated unless there is “exceptional hardship”.

How will you answer if asked “did you know you were on 10 points, and faced a ban if you got a further 2 or more points?”

 

[Ryomen Sukuna]

Thanks for your response.

 

The best outcome for me would be option (a), to keep the points and pay the fine but avoid the ban.

 

My response to that question would probably be along the lines of : 'since regaining my licence last year I have made attempts to abide by motoring laws. Immense pressures and stress from my professional role may have contributed to my reoffending, however I acknowledge my mistake and would ask the court to consider leniency for the sake of my family'.

[dx100uk]

you repeatedly describe yourself as a professional...

just think about that for a minute,

 

then bring in your side comment of.....I have made attempts to abide by motoring laws

 

in a judges mind, i very much doubt, with your history, linking those two is a good idea upon your behalf??