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Ellisdee
I have just been pulled over and ticketed for speeding. Unfortunately, I already have 10 points. I got the points for being drunk and in charge. Let me start off by saying I have never in my life driven whilst drunk. I was at a festival and suffered and avulsion fracture to my anterior cruciate ligament. Unfortunately, being unable to walk, my friend helped me to my car so I could grab my phone. My intention was to call someone to pick me up. Whilst sat in the car, a police car arrived. I was breathalysed and arrested. In the police station I blew 40mg, being 1mg over the prosecution limit. Despite the arresting officers have to literally carry me from car to car and to the police station, cell, interview room, they still decided to charge me.

I was in a cast for two months, required 3 operations. Even-though I had proof from my phone that I had attempted to call a relative and a taxi company (where I dialled the wrong number by one digit). I was given 10 points on my license. I thought that was a complete joke to the justice system but I took it nevertheless. I was issued my points at the end of January last year.

About an hour ago I was in a 60mph. A second over-taking lane opens up, so I used this to quickly overtake and pull back in, where I slowed down and continued at the speed limit. Unfortunately a police car, which I have no idea where it came from, as I did check my mirrors, managed to clock me at 82mph.

The problems I face is. I will be going back to court. I need my license as I am still following up on hospital to the damage done to my leg. I'm having an MRI next week and will probably have to have another operation for a total knee replacement. Which requires a lot of intensive physio and quite a few hospital appointments which is around 15 miles from my address. On-top of this I am a carer for my Nan. She is 97. I cook for her, take her shopping and to doctors appointments. She is unable to walk very far, registered disabled and only I am able to do this for her. On rare occasions when I'm at work a relative might. Which brings me to something else. I've just started a new career in sales. Something I am doing well in and should have a decent future, Again this is around 20 miles from where I live. The nearest train station is 2 miles followed by another mile at the other end. Something I'm definitely not going to be able to do after my surgery.

What should I do here? Am I likely to still lose my license or is there anything I can do in the mean time to help my case? Any advice is greatly appreciated.
southpaw82
You are likely to lose your licence. However, you can make an argument that if you were banned it would cause exceptional hardship (preferably to others). These often succeed but much will depend on your reasons, how you come across and the court.
Jlc
If you receive conditional offer then you won't be able to accept it as you will reach 12 points. Such a totting ban is 6 months but you will be able to submit an exceptional hardship plea - this can reduce the ban potentially to none but you can only use the particular reasons once within 3 years. The reasons you list already should be favourable as the impact to others carries more weight - but you must make sure not to accumulate any more points!
Logician
It is all water under the bridge now, but it is a defence to the charge of being drunk in charge of a motor vehicle to show that the circumstances were such that there was no likelihood of you driving while still over the limit, so it sounds as though either that defence was not raised or not accepted.

So, with 10 points on your licence, you decided to drive at 82mph in a 60 limit, and the court are going to need some convincing that your licence is as important to you as you claim, since you risked it like that. The other question likely to be raised is how you are going to drive anyway after your knee operation, unless it is your left knee and you have an automatic. There are some sample letters on this site which might help you, find them by following FAQ/FAQ/mitigation. You need to concentrate on the effect on others rather than yourself, because you are meant to suffer, therefore if you lose your job will anyone else suffer? Being the carer for your Nan is very helpful, but could others help her, could you take her in a taxi? These are the sort of questions likely to be asked. Do not dwell on the previous offence, the court cannot take into account any mitigation in relation to that.

Although these are in the form of letters, you will need to appear in court, and it is best if you can use the letters as a basis for your submission, without reading it out verbatim. If you might dry up in court, have some copies ready that you can simply hand over for the magistrates to read.

You will need to be very careful not to get any more points if you are successful, because you cannot put forward the same exceptional hardship argument within three years.



homeruk
Surely with such serious operations, especially a knee replacement you won't be able to drive anyway.

Will you need to tell the dvla/insurance company of the operations you will be having?
Aretnap
QUOTE (homeruk @ Thu, 29 May 2014 - 22:17) *
Surely with such serious operations, especially a knee replacement you won't be able to drive anyway.

Will you need to tell the dvla/insurance company of the operations you will be having?

http://www.nhs.uk/Conditions/Knee-replacem...s/Recovery.aspx

When can I drive again?

You can resume driving when you can bend your knee enough to get in and out of a car and control the car properly. This is usually around four to six weeks after your surgery, but check with your physiotherapist or doctor whether it is safe for you to drive.

So a problem if needs to drive - but less of a problem than a 6 month totting ban would be.

From memory you don't have to tell the DVLA about a condition unless it's expected to affect your ability to drive for at least 3 months. Most insurers only require you to inform them of conditions which are also notify able to the DVLA.
Ellisdee
Thanks for the replies, I appreciate as much help as possible.

In regards to the surgery. It's entirely dependant on person. After the operation you can be in hospital for a day, or you be stuck there for a week. It all depends on who you are. A colleague of mine has had exactly the same surgeries as myself followed by total knee replacement and was cleared to drive in under two weeks.

'aretnap' has hit the nail on the head, really.

Why was I doing 82, when my license is so important? Well, we all do silly things and on reflection it wasn't the most sensible of ideas. However, once the over-take had been completed, my speed was reduced to the 60mph speed limit.

Not to justify my actions, but just to show you what the road looked like I've attached a Google image of the road.

So when I plead guilty, how to I claim hardship?
Logician
They have 6 months to summons you to court and often seem to take most of that. If you want to get it over quickly, go to court on the first date given and plead guilty, they will then sentence you and for 82 in a 60 limit you will probably get 4 points. They will be aware that you had 10 points already so they will go straight on the consider the totting situation. They may ask if you want to claim exceptional hardship, but if not you raise the issue. You will have to go into the witness box and give evidence on oath about how a ban would cause exceptional hardship. You may be questioned by the prosecutor and the magistrates. The magistrates will probably then retire and in due course come back with their decision. If you want to put this off a bit, plead G by post in the first instance if you are given the opportunity, and at the first hearing the court will fix a date for you to attend in person. The court cannot disqualify you in your absence without first adjourning to another date to give you a chance to attend.
Jlc
A short ban in lieu of points is possible at that speed but anecdotally they tend to lean towards points.
Ellisdee
Court date has been set for the end of this month. Has anyone got any more advice on how I could help my case?
peterguk
QUOTE (Ellisdee @ Tue, 8 Jul 2014 - 00:37) *
Court date has been set for the end of this month. Has anyone got any more advice on how I could help my case?


All the good advice you need has been posted already.
Ellisdee
Still nervous about court in a few days. Are my odds of being banned considerably high? Just trying to ascertain some kind of perspective. Also, if I were to book myself in for an IAM driving course would this help my case by much?
peterguk
QUOTE (Ellisdee @ Thu, 24 Jul 2014 - 21:33) *
if I were to book myself in for an IAM driving course would this help my case by much?


About zero. Since you can easily cancel when you walk out of court.
Ellisdee
That's a valid point.
The Rookie
Especially as you could easily have done it in the last two months.

Your chances in court depend on your EH plea, what is that?
Ellisdee
QUOTE (The Rookie @ Fri, 25 Jul 2014 - 01:08) *
Especially as you could easily have done it in the last two months.

Your chances in court depend on your EH plea, what is that?


Still kinda working on it. Will work on it thoroughly tonight and over the coming weekend. Will post it here on Saturday for feedback.
martinbiz
Maybe there is an angle you can attack this from the previous court appearance. If your account is accurate, as Logican has intimated it would seem you had a defence. How did you plead and how long ago was it.
sgtdixie
QUOTE (martinbiz @ Fri, 25 Jul 2014 - 12:13) *
Maybe there is an angle you can attack this from the previous court appearance. If your account is accurate, as Logican has intimated it would seem you had a defence. How did you plead and how long ago was it.

The drink drive conviction is a dead deal. He was convicted and he will simply have to deal with that fact now.
Billybriggsy
Relax OP, I put my money on a fine and no ban.
sgtdixie
QUOTE (Billybriggsy @ Fri, 25 Jul 2014 - 12:39) *
Relax OP, I put my money on a fine and no ban.

We prefer realism combined with knowledge to what mates say to you in the pub. Can you explain the rationale for this pearl of wisdom.
Atomic Tomato
QUOTE (sgtdixie @ Fri, 25 Jul 2014 - 12:48) *
Can you explain the rationale for this pearl of wisdom.

Drugs?
AFCNEAL
To the OP. The perceived wisdom on here for EH you might like to factor in is:

There is a punishment - so having to travel using public transport is part of that punishment!
Hospitals runs patient transport for immobile folk as not everyone can drive. There are such things as taxis (the cost element I assume is also 'punishment')
Same applies to you Nan. Unless she lives a huge distance away, public transport to her and the shops augmented by taxis
Your employment might be the strongest aspect - but only you/your employer can tell
The answer to the question asked above about the disregard for the limit is indeed worth concentrating on.

Unfortunately, the chances of losing your licence are very high from what you've told us here.
martinbiz
QUOTE (sgtdixie @ Fri, 25 Jul 2014 - 12:30) *
QUOTE (martinbiz @ Fri, 25 Jul 2014 - 12:13) *
Maybe there is an angle you can attack this from the previous court appearance. If your account is accurate, as Logican has intimated it would seem you had a defence. How did you plead and how long ago was it.

The drink drive conviction is a dead deal. He was convicted and he will simply have to deal with that fact now.



Why??? You know where I'm coming from SD, hence my question to the OP, If he pleaded NG and was sentenced last week and there are sufficient grounds then it could be worth a shot. Having said that reading back between the lines I am guessing it may have been a while ago now.
sgtdixie
QUOTE (martinbiz @ Fri, 25 Jul 2014 - 13:26) *
QUOTE (sgtdixie @ Fri, 25 Jul 2014 - 12:30) *
QUOTE (martinbiz @ Fri, 25 Jul 2014 - 12:13) *
Maybe there is an angle you can attack this from the previous court appearance. If your account is accurate, as Logican has intimated it would seem you had a defence. How did you plead and how long ago was it.

The drink drive conviction is a dead deal. He was convicted and he will simply have to deal with that fact now.



Why??? You know where I'm coming from SD, hence my question to the OP, If he pleaded NG and was sentenced last week and there are sufficient grounds then it could be worth a shot. Having said that reading back between the lines I am guessing it may have been a while ago now.

QUOTE
I was issued my points at the end of January last year.
martinbiz
Yes, I just spotted that
Ellisdee
Mitigation.

I sincerely apologise for wasting the courts time. I am ashamed to be before you. Not in an attempt to take the seriousness of my offence away, I would like to make it known it was a clear, dry day with light traffic. I was running late from work, the time was around half 7. I live with my 97, registered disabled grandmother, who had recently fractured her foot. As she was in severe pain she was unable to carry out basic tasks for herself, such as cooking, cleaning and walking for any period of time. I was stressed, trying to get home quickly.

In conjunction with this, she also relies on me to take her shopping once or twice a week and to her regular doctor appointments. Living in a rural area, with limited transportation, this is not something she'd be able to attend without myself. She also relies on me to take her to any social event or see friends.

On-top of this I am scheduled to have surgery within the next 6 weeks to my knee. The recovery time would be 1-2 weeks, requiring a years worth of physio. The physio is absolutely compulsory for myself to receive a full recovery. I would be unable to proceed with this, due to the hospital being 16 miles away from myself. As stated, I live in a very rural area, and am situated in-between two train stations which are roughly two miles away. In my condition I would be unable to walk to these.

I know the gravity of my situation and am aware the punishment I am being faced with will be a ban. However, I would only ask you reconsider based on the enormous affect it would have on my grandmother and the additional aforementioned reasons..
The Rookie
You need to sort your language, the physio is not compulsary but necessary, you can't have a year of physio in 1-2 weeks, I think you need an 'and then' in there. Taxi, public transport? You'll need to show why these are nit an option.

You're going to have to attend and present your facts much more fully than you can do in a letter, this is not mitigation (which applies to the original offence) but is an extreme hardship plea to the totting ban only, facts relevant to the offence are irrelevant to the EH plea, so your first paragraph is mostly irrelevant.
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