More common questions we get about speeding fines.
Q - I have received a notice of intended prosecution for speeding, I have 9 points. Should I say it was my wife driving?
A - A speeding fixed penalty will carry 3 points and in this case will lead to a disqualification under the totting up provisions unless a good motoring solicitor can convince the court not to disqualify. If you tell the police someone else was driving and they weren't that's called 'Perverting the course of Justice', that carries a maximum life imprisonment for you and your wife. There are plenty of cases where people have been convicted of pretending someone else was driving and have been sent to prison. Hmmm losing your licence or spending years in prison??? If you are that desperate to avoid a disqualification just take good advice as soon as possible from a motoring solicitor.
Q - I have been summonsed for speeding - the police say I was doing 37 in a 30. I have been back to the area and there are no 30 signs just a 40 later on. Is this a defence?
A - There is no requirement to put speed signs in 30mph limits if there is street lighting and the lamp posts are less than 200 yards apart. In fact it is prohibited to put what is called 'repeater' signs in these zones. Any area that has street lighting and no speed signs is a 30mph - the only exception is motorways.
Q - I have 9 points and have just received a summons, I know I will be disqualified if I get 12 points, it will be hard to get to work without my licence - will the court let me keep my licence?
A - Probably not if you phrase the application like that. The law states that the court must disqualify someone for 6 months if they get 12 points within 3 years, the only way you can argue this is to show it will cause exceptional hardship. Note the word Exceptional, it is assumed that there will be hardship if disqualified - that's the point of the punishment.
You will need to show it will cause exceptional hardship, a well constructed application will often succeed but it has to be well presented. If you can show that it is not realistic to get to work on public transport and that as a result you will have to give up your job then this may be enough provided you also show that it will mean financial difficulties for your family. If your partner can still provide for both of you then it will not be enough. This is an area where many people try to save costs and do it themselves. I have sat through no end of cases that I am sure the magistrates would have allowed the person to keep their licence but it is not presented well and the important points are missed meaning they lose their licence.
Labels: disqualification, speeding, speeding fines, totting up