I was clocked at 98mph in a 70 on a dual carriageway in Aberdeenshire a few months back. As I have 7 points on my licence as it stands I'm obviously aware that they may well impose a totting up ban.

The case is to be heard at the Justice of the Peace court and I have hired a solicitor who I had hoped would be able to help me to convince the judge to only impose four points, thus allowing me to keep my licence or to impose a short term ban.

He has told me however that the JP court cannot impose short term bans and can only either give me the points or the six month totting up ban.. Is this really the case? seems unfair to me that I could be disqualified for a much longer period purely because the JP does not have the same powers as other courts

Thanks

I think you need a better solicitor...

BB, would you care to elucidate?
Is the OP's solicitor wrong about the sentencing powers of Scottish courts?

JP's can give short term bans, points, find you NG...

Why did you hire this solicitor?

Recommended by another who has used them before. I decided I needed a solicitor as its right on the wire as to whether or not I'm looking at a ban.

Normally I would fight it myself but when I'm staring a six month disqualification in the face In lose my nerve!

Ideally I was planning to hire Graham Walker or Michael Lyon but I just don't have the £2k plus they would charge atm.

Right well this lawyer sounds pish tbh so ditch him. Fight it yourself if you can. Go suited and booted, show remorse and plead your case. Even put on the forum what you plan to plead (i.e. your circumstances) incase people can add anything.

Do you have anybody relying on you for lifts etc?

Back again.. this case is now imminent having been continued without plea on a couple of occasions while I decide which way to go with it. I am looking at the exceptional hardship angle by stating the reliance that my disabled father has on me and some of the charity work that I do through work which I would have to give up were I to lose my licence.

However I have also found out a bit more about the case. The gun used was a Unipar SL700 which from a search on google it seems may have questions hanging over its home office approval certificate, but I haven't been able to find out any more details.

Does anyone know if there are issues with the type approval that have been used in prior cases that mean it could be worth me pleading not guilty and pursuing this line of defence?

Would 98in 70 normally attract a short-term ban?
Totting-up was designed to concentrate the mind of drivers on consequences of their future driving.
2 continuances whilst you 'made up your mind' won't put the penalty at the lowest end IMO Raising the possibility of a short term ban may work but I would work on your mitigation. Certainly attend suited, booted and contrite.

The govt have told the Courts to avoid avoid handing out short-term bans if the additional points mean a totting -up ban. The JP still has discretion and will prob seek advice from Clerk of the Court