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Totting up ban – exceptional hardship
bevc
post Mon, 2 Jul 2018 - 14:13
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Hi. I would really appreciate some advice and guidance on the likelihood of the magistrate’s court accepting my exceptional hardship plea.

I have 9 points on my licence and 3 pending. They are for:

02/04/2017 50 something in a 50mph limit (motorway)
30/06/2017 50 something in a 50mph limit (A road)
23/07/2017 50 something in a 50mph limit (A road)
01/04/2018 40 something in a 40mph limit (motorway)

I sent back my NIP and have had a form to request a date for my court hearing. I need to decide whether to travel down to Bristol with associated costs (I live in North Wales), hire a solicitor to try and claim exceptional hardship and keep my licence. Or for the case to be heard in my absence.

Potential basis for exceptional hardship:

● My son is 18, currently living at home on a year out before university. He may need taking to open days / interviews. I am a single parent and cost of trains / overnight accommodation if taking the train will be prohibitive.
● My parents have health problems –at the moment they are doing a tag team of who is well enough to care/transport but I can easily foresee a time in the next 6/9 months where they both need support.

Also does anyone know what the likely fine would be in this situation? If I lose my license will that impact on the size of fine I am given?

Thanks in advance for your thoughts.

Bev.
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post Mon, 2 Jul 2018 - 14:13
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bevc
post Thu, 5 Jul 2018 - 12:56
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Despite not using the correct terminology I have had enough feedback to decide to request the hearing be held in my absence. The chance of my EH plea being successful is not strong enough to warrant a trip to Bristol with the expense that would incur and if it was successful, although I will be super careful in future, I would have 2½ years where any transgression would mean the expense and stress was wasted.

Thanks for all the advice and comments. Good job I enjoy riding my bike biggrin.gif
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NewJudge
post Thu, 5 Jul 2018 - 14:54
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I think that's probably a wise decision in all the circs.

Make sure that the court knows you accept you will be disqualified and that you will not be making an exceptional hardship plea (otherwise they may adjourn your case and ask you attend - this will simply prolong your agony). Inform the court that you will assume you have been banned and will not drive from the day of your hearing onwards.
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The Rookie
post Thu, 5 Jul 2018 - 16:47
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If it’s an SJPN there won’t be a date provided for the hearing though......


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NewJudge
post Thu, 5 Jul 2018 - 22:04
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QUOTE (The Rookie @ Thu, 5 Jul 2018 - 17:47) *
If it’s an SJPN there won’t be a date provided for the hearing though......

That's why in some areas (I don't know how many, only that it is >0) single justices do not impose disqualifications. They adjourn the matter for a normal court hearing, the date of which is conveyed to the defendant. The OP's case is a demonstration of why that is wise. The OP is quite prepared for a ban but it is unreasonable to expect her to drive knowing that at any time (on a date unknown to her) she may be banned and unless she stops driving immediately she may end up driving whilst disqualified. Her best option is to decline to have her matter heard under the SJ process.and opt for a court hearing. When she has her date she can contact the court with the information as I have suggested.
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