Speeding, Totting and Exceptional Hardship

Have you been caught speeding?

Whatever your reasons for speeding, if you have been caught driving in excess of the speed limit, you will most likely already be aware that there will be consequences.

The Magistrates Sentencing Guidelines suggest the following:

1. Driving up to 10 mph over the stated limit i.e. 40mph on a 30mph road could result in 3 points, together with a fine;
2. Driving up to 20mph over the stated limit i.e. 50mph on a 30mph road could result in 4 – 6 points with a fine OR 7 – 28 day disqualification together with a fine;
3. Driving more than 20 mph over the stated limit i.e. 60 mph on a 30mph road could result in 6 points together with a fine OR a 7 – 56 day disqualification together with a fine.

These are however only sentencing starting points and if your circumstances are such that they could be effectively mitigated, there is the possibility that Magistrates could be appropriately guided by an experienced solicitor, to provide you with a more suitable sentence for your particular circumstances, for example:

1. Providing you with points, instead of a disqualification;
2. Providing you with a disqualification, instead of points;
3. Providing you with a reduced amount of points/disqualification period.

Will your points add to 12 or more?

If it is likely that the points on your driving licence will amount to 12 or more then in accordance with the Road Traffic Offenders Act 1988 s.34, it is mandatory that the Magistrates disqualify you for:

1. 6 months if you have not been disqualified for 56 days or more in the preceding 3 years; OR
2. 1 year if you have been disqualified once for 56 days or more in the preceding 3 years; OR
3. 2 years if you have been disqualified more than once for 56 days or more in the preceding 3 years.

If you are subject to a disqualification for more than 56 days on completion of this all points will be removed from your licence.

Exceptional Hardship

The only way to prevent a disqualification is if exceptional hardship can be proven. Once the exceptional hardship test is passed the Magistrates have the discretion to either reduce or completely remove the need for disqualification.

Exceptional hardship however is increasingly difficult to prove. It is more than hardship, can not be something which would make the offence appear less serious and must not be a reason that you have previously used in the preceding 3 years.

It is therefore something out of the ordinary, beyond the effect it has on you, but instead focusing on the effect losing your licence would have upon innocent dependants or third parties.

We now have a specialised criminal and road traffic department with 30 years experience ranging from mitigating speeding offences, to successfully pleading exceptional hardship arguments. We can help you through a full range of both Motoring and Criminal Offences.

How can Ellis Jones help you?

If you are or have been affected by any of the above or a similar situation and would like to discuss the same then please contact the Criminal Litigation Department on 01202 525333 jonathan.morrissey@ellisjones.co.uk or rebecca.chadwick@ellisjones.co.uk to arrange an appointment.