Hello All,
I need some urgent advice and help. I totted up on my licence, and got caught doing 75 in a 30. I know it's ridiculous, but I was hurrying back to work when the officer stopped me. Anyway, at the time I was on 9 points, and this took me over 12 points. It went to the Magistrates Court, and they gave me a year's driving ban!! So I appealed this to the Crown Court, and they have given me a 6 month ban. My problem is this, I'm out of work since October and also behind with rent payments and bills. I also care for my elderly mother and drive her to have hospital visits. My hardship plea was harshly thrown out the window by the judge for no reason. I need my licence for my job, and this is proving very hard since October. Is there anything I can do in my situation? Even if the court can reduce this to 3 months, I would accept this. I've been offered two jobs, and when they did my licence check, they said they can't take me on anymore! Any help or advice will be greatly appreciated.
I can't see them giving you anything more lenient surely? 75 in a 30 area is extremely fast! and if you were on 9 points anyway. I don't understand why you weren't more careful if I'm honest?
It's not clear what happened here. It's far more likely that for the 75 in 30 (really?) you were given an outright ban and not a totting ban.
What does your driving record state on the DVLA, if you see no TT99 code then you got a outright ban I suspect. 6 months ban for a 75 in a 30 is pretty much par for the course.
Totting bans are usually 6 months. However, they can be longer under certain conditions. (e.g. previous disquals)
But the appeal appears to have reduced this 12 months to 6.
Were exceptional hardship pleas made to both courts? (And when?)
[quote name='Robert65' date='Mon, 8 Jan 2018 - 10:47' post='1345063']
I can't see them giving you anything more lenient surely? 75 in a 30 area is extremely fast! and if you were on 9 points anyway. I don't understand why you weren't more careful if I'm honest?
I know!! But the police we're waiting on a slip road as I was speeding by. I know it's stupid, but I need my licence for my job.
[quote name='BaggieBoy' date='Mon, 8 Jan 2018 - 10:47' post='1345064']
It's not clear what happened here. It's far more likely that for the 75 in 30 (really?) you were given an outright ban and not a totting ban.
What does your driving record state on the DVLA, if you see no TT99 code then you got a outright ban I suspect. 6 months ban for a 75 in a 30 is pretty much par for the course.
My licence has the TT99 on there. But bizarrely it says you "were disqualified from driving you can renew your licence". Very strange.
[quote name='Jlc' date='Mon, 8 Jan 2018 - 10:59' post='1345070']
Totting bans are usually 6 months. However, they can be longer under certain conditions. (e.g. previous disquals)
But the appeal appears to have reduced this 12 months to 6.
Were exceptional hardship pleas made to both courts? (And when?)
Both hardship pleas were made in the Magistrates and Crown court, but totally rejected for some reason even though due to my circumstances.
Bear in mind that you have been punished for an offence, it will have an effect (hardship) on you.
Exceptional hardship is over and above what could be reasonably expected, losing your job is unlikely to cut it. Hardship to others will carry more weight but just saying your mother needs occasionally taking to appointments would still fall short. Why couldn't you arrange a taxi for her?
As already stated it would be a good idea to confirm if you received points and therefore 'totted' or if you were disqualified purely for this offence. You may still have points attached to your licence when you get it back.
As others have noted, your account is somewhat ambiguous.
Assuming that you were given points for the latest offence and therefore became a totter (as opposed to receiving an outright ban for the offence), the court were obliged to ban you for not less than 6 months unless you could show that such a ban would cause exceptional hardship. Exceptional hardship is hardship above and beyond what most people would suffer - so losing your job is not in itself sufficient, unless you can show that you would suffer far more than most.
Having appealed to the Crown Court, your only appeal is to the High Court if you can show that the Crown Court were 'wrong in law' - failed to follow the proper procedures/rules, or made a decision so bad that no properly directed court could have made. Nothing that you have told us so far indicates that you have any realistic chance of success.
N.B. Those new to the forums might want to bear in mind the House Rules - particularly that we are not here to pass judgment on the offences posters have committed or have alleged to have committed, or otherwise be sanctimonious.
It actually sounds like they treated you relatively leniently by just giving you the totting ban. 43 in a 30 may have resulted in the same penalty. I also can't see any reasonable grounds for appeal.
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