Speeding Offence

[malana-3]

In March 2009 I was caught doing 40mph in a 30 zone to which I admitted. As this brought my points total to 12 within 3 years the option of accepting a fixed penalty was not available to me and a Court appearance was inevitable. I received a Notice of Intended Prosecution dated 9 April. A further Police communication, dated 15 May informed me that a summons would be issued " in due course" How long can I expect to wait for the summons?

[Barmaid]

Summons should be issued within 6 months of the offence.

[New Judge]

The prosecution has six months to begin court proceedings.

In many areas prosecutions are launched a week or two before this time limit is reached.

[malana-3]

Thank you "Barmaid" and "New Judge" for your prompt answers

[magicmerlin]

It looks like you have not learnt your lesson, I hope they throw the book at you.

[malana-3]

To "Magicmerlin"--- BO???CKS

[buildersmate]

Ought to change his name to 'grumpy wizard'.

[tamborine]

Are you expecting to lose your licence? How important is your licence to you?

[malana-3]

Thank you Tamborine. As my job depends on a licence, it was a company van I was driving, I am hopeful that I can plead undue hardship and only have to suffer a fine. When you are driving all day five days a week I would say that by law of averages you are more likely to make a mistake than someone who only goes to Tesco's one day a week.

[New Judge]

The �Exceptional Hardship� argument which defendants can offer when trying to avoid disqualification for �totting up� is not as straightforward as 10ClarionSt seems to suggest.

There is no definition in law as to what amounts to exceptional hardship and it is up to the magistrates on the day to decide on the facts placed before them. The hardship has to be, as suggested, �exceptional�. In general, loss of employment alone is not usually deemed exceptional - large numbers of people depend upon being able to drive to do their job. In fact, many magistrates take the view that such people should be even more diligent when driving as their livelihood depends on their licence.

The more likely route to success is to be able to show that other people, depending upon you being able to drive, would suffer hardship. For example, an elderly or disabled relative may depend upon your services.

It is not a simple argument to win and the services of a solicitor to put your case will increase your chances, but even then it is by no means certain.

You will be sentenced for the final offence which takes you to twelve or more points before this argument is heard (or even before you announce your intention to make it) and there is no provision for a higher fine for this final offence to be imposed to avoid a "totting up" ban.