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Single justice procedure notice facing disqualification
phletch
post Tue, 30 Jan 2018 - 13:50
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Hi
I have just received a single justice procedure notice and covering letter from Thames valley police .
Last sept I went 35 in a 30mph.i already had 9 points
I acknowledged that I was the driver and also informed them of my points.last year my ex partner had a similar case and attended , appealed for leniency due to extreme impact and impact on other people effected myself and my children and she went up to 12 points but was not disqualified and got a £300 fine . Should I just plead guilty and want to come to court on the paper plea with the intent to do the same ? Not sure what to do
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post Tue, 30 Jan 2018 - 13:50
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Dwaynedouglas
post Tue, 30 Jan 2018 - 13:58
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Have you completed a Speed Awareness Course within the last three years?

35 in a 30 should be covered by that.


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I'm not a lawyer or legally trained, my opinion is based on my experience - follow at your own risk.
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cp8759
post Tue, 30 Jan 2018 - 14:07
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QUOTE (phletch @ Tue, 30 Jan 2018 - 13:50) *
Hi
I have just received a single justice procedure notice and covering letter from Thames valley police .
Last sept I went 35 in a 30mph.i already had 9 points
I acknowledged that I was the driver and also informed them of my points.last year my ex partner had a similar case and attended , appealed for leniency due to extreme impact and impact on other people effected myself and my children and she went up to 12 points but was not disqualified and got a £300 fine . Should I just plead guilty and want to come to court on the paper plea with the intent to do the same ? Not sure what to do

It sounds like you have an imminent court date, you would need to plea exceptional hardship to avoid a ban. You would need to explain why the impact on the children cannot be mitigated by your partner having her licence.


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mdann52
post Tue, 30 Jan 2018 - 14:13
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QUOTE (Dwaynedouglas @ Tue, 30 Jan 2018 - 13:58) *
Have you completed a Speed Awareness Course within the last three years?

35 in a 30 should be covered by that.


It's well past this point now

QUOTE (phletch @ Tue, 30 Jan 2018 - 13:50) *
I have just received a single justice procedure notice and covering letter from Thames valley police .

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NewJudge
post Tue, 30 Jan 2018 - 14:23
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If you respond to the SJPN pleading guilty the matter will be taken out of the SJ process (because you face a "totting" ban) and listed for a hearing in the normal Magistrates' Court. At your appearance there you face a "totting" ban of six months unless you can show that "Exceptional Hardship" will follow for you or others if you are banned. Be prepared to explain to the court what that hardship will be and how it cannot be avoided by any means other than you being able to drive. If you are successful the points will remain on your licence meaning any further offence will see you face a totting ban again. You cannot put forward another Exceptional Hardship plea using the same reasons within three years.

This post has been edited by NewJudge: Tue, 30 Jan 2018 - 14:24
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Dwaynedouglas
post Wed, 31 Jan 2018 - 07:53
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QUOTE (mdann52 @ Tue, 30 Jan 2018 - 14:13) *
QUOTE (Dwaynedouglas @ Tue, 30 Jan 2018 - 13:58) *
Have you completed a Speed Awareness Course within the last three years?

35 in a 30 should be covered by that.


It's well past this point now

QUOTE (phletch @ Tue, 30 Jan 2018 - 13:50) *
I have just received a single justice procedure notice and covering letter from Thames valley police .



Thanks for the correction!

Sorry OP.


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I'm not a lawyer or legally trained, my opinion is based on my experience - follow at your own risk.
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phletch
post Fri, 16 Feb 2018 - 12:23
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hi , thanks for your replies and information shared.i'm just about to put the SJPN in to the court.

i'm clear in i need to request to turn up and make my case for exceptional hardship and appreciate the words of advice

KEY BIT OF INFO I NOW NEED IS:

i plead guilty as i know it was me and have admitted that.the sjpn requires me to send in a plea and has a section for mitigation

at the time of the speeding offence i was very stressed due to having just moved out of a property with ex partner and the situation was one of acrimony.i had to move me and my son to our new house on our own and the next day my daughter was visiting to see the flat.i rushed back from town as i was running late.it was due to the stress of the move, hiding the acrimony from my children and taking on too much in the move that my attention lapsed.

i also have many reasons to detail for the exceptional hardship reasoning as im a single dad with shared custody of my son,whom i need to drive to school and i run my own business which would collapse if i lost my licence.

my question is do i put the full letter of the exceptional hardship argument in the accompanying mitigation section of the SNJP ? or do i just take that to court on the day of the hearing ?

thanks for your advice and support
have a nice day
regards
Graham
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666
post Fri, 16 Feb 2018 - 12:42
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OP, take care with what you say in mitigation. "Attention lapsed" through stress could make it worse - the mags may ask whether you should have been driving at all?

In pleading exceptional hardship, be prepared for them to ask (or at least be thinking) why, if your licence is so important, did you break the law repeatedly
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The Rookie
post Fri, 16 Feb 2018 - 13:12
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Any mitigation for that last offence (such as stressed etc) is COMPLETELY IRRELEVANT to your EH plea, I emphasise this as it sometimes takes people a while to understand this.

FORGET the offence that triggered the potential totting ban (and the ones that gave you the first 9 points as well) and focus on what exceptional hardship it would cause, its worth noting that approximately 25% of people reaching 12 points get a successful hardship plea accepted, so its far from impossible.

This post has been edited by The Rookie: Fri, 16 Feb 2018 - 15:01


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Jlc
post Fri, 16 Feb 2018 - 13:49
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The exceptional hardship (EH) plea would be heard in normal court and not SJP.

Personally, I would simply ask for the matter (including the offence itself) to be heard in normal court anyway. The EH plea would follow sentencing of the speeding.

Also, the bit about rushing/stress etc. is no mitigation and actually could aggravate. (and as noted above how the points were accumulated have no bearing on the EH plea itself)


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RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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southpaw82
post Fri, 16 Feb 2018 - 14:01
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Perhaps the simplest way to think of it is that mitigation relates to what has happened before, whereas exceptional hardship relates to what will happen in future if you’re banned.


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Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed.
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