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benshob
I got caught doing 79 on a 50 MPH dual carriageway back in April and I've now received a court summons for the 8th Sept. I already have 6 points on my licence and I want to avoid a totting up ban at all costs.

I plan on pleading guilty but I'm not sure if I should do this by post or in person.

Any help will be greatly appreciated!

Thanks
Ben
Aretnap
One case one thread please. Original thread here.

Definitely attend in person, suited and booted - it shows respect for the court and your mitigation statement will sound far more sincere presented by you than read out by a disinterested legal advisor.

6 points and a totting ban is quite a likely outcome for 79 in a 50, but if you can persuade the magistrates that this would be unjust they have the option of imposing 4 or 5 points instead, imposing a 7-28 day ban instead of points, or imposing 6 points but allowing you to continue driving on exceptional hardship grounds. Have a look at the mitigation section of the FAQs for some ideas, and remember that hardship a long ban would cause to other people weighs much more heavily than hardship it would cause to you personally.
BB Law
Benshob

First of all, did you get your 6 points for offences committed within 3 years of the date of this new speeding offence?

If they are within the 3 year period, then a guilty plea via post will almost certainly result in the court wanting to impose 6 points for this offence, which should then lead to an adjournment so that you can be warned that disqualification is being considered and to give you an opportunity to attend on the next occasion.

Alternatively, if you attend in person for the first hearing then the court will probably want to proceed to sentence you there and then, probably by way of 6 points and consideration of a minimum 6 month ban under the totting up provisions.

Depending on your circumstances, advancing what is commonly referred to as an 'exceptional hardship argument' is probably your best hope of avoiding a ban. If you are intending to attend the first hearing in person, you would be well advised to have fully prepared your exceptional hardship argument.

Have you been banned or escaped a totting up ban in the past?

If you are considering instructing a solicitor to represent you then you should be looking to pay around £250 - £350 for an exceptional hardship argument (I usually charge £250 +).

Hope this helps

BB Law

Benshob

Another point that may assist you if you were away from home at the time of the offence is that sometimes it is possible to plead guilty via post at the first hearing and ask for the case to be transferred to your local court for sentencing.

BB Law
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