Facing 6 point revocation

[Nivau]

Hi guys.*
I was caught doing 82 in a 50, six months ago and I've received my court order. I wasn't at the time past the 2 year probation period for new drivers, but I am now.*

I've drafted a letter to send to court, I was hoping someone can tell me if it's okay or not? I would be so grateful. I am absolutely terrified that I will lose my job and home. Any advice would be really gratefully received*-


Your honour,*

I was absolutely mortified to have recieved the original NIP regarding this awful offence. I was and still am so ashamed of myself.
I accept full responsibility, I fully understand and fear the dangers of speeding and I am truly sorry.*

This is my first and only offence, driving or otherwise.
Unfortunately for me and my dependants it could be a life changing one.

I had not at the time of the offence been driving for two years so I am facing a license revocation should I be issued with a six point penalty from the date of offence. I would like to ask the court for mercy regarding the amount of penalty points I receive due to the following reasons;

I am a single parent to two children.*

I work hard to provide for us in my job as a community care assistant, driving around ******* from house to house caring for societies most vulnerable people. If I receive six points for this offence the DVLA will revoke my licence and I will be sacked from my job, as it's a necessity to drive to be able to do it.

I have a new mortgage on my own - if I lose my job I will default on my mortgage and lose my house, making me and my children homeless.

My youngest son has Autism Spectrum Disorder. My driving is essential for his health and wellbeing in general, as well as for getting him to school, to child care and our support network, which is provided by my parents who live on the other side of *******.
His autism means he cannot tolerate public transport, which is made even worse with the rules regarding the pandemic. He is not great at walking. The car makes a huge, positive impact on his life and his wellbeing, his education, his support network, and to minimising meltdowns and sensory issues.

I myself have a large, benign inoperable brain tumour (DVLA aware). I have to also look after myself more than what is considered usual, to ensure I don't get too sick.*
Again driving is essential for my health and wellbeing concerning this - it has opened up a normal life for me, being able to go out to work and being able to do the simple things in life like shopping without getting too exhausted and ill. Driving enables me to see, and recieve support from family members, none of which live close to us. The support my parents provide is invaluable, but I do need the means to go to them for that. Having my job also helps with my illness, keeping anxiety and depression at bay.

The offence.*
I am guilty of this offence and I am so very sorry and ashamed. The dual carriageway that I was on (******* bypass) is mostly national speed limit, I joined at the slip road and I put my foot down too hard and too early which I shouldn't have.**National speed limit begins at the end of the slip road where I joined.*

It was very out of character for me - I was simply being impatient. I did not cruise up the carriageway at this speed, I accelerated hard off the slip road. Please accept my sincere apologies.*
I have since modified the way I drive. I do not try to get up to speed untill I have reached the signs, I do not go over the limits, and I make sure my accelerations are correct and not too hard and fast. I have purchased a new car to help ensure this is true 100% of the time - it has no turbo, it has a speed limiter which I always use, it has a large digital speedometer and it even shows the roads speed limit just below that.
I have learnt a huge lesson and I continue to do everything I can to improve myself.

Thank you for taking the time to read and for your careful considerations. I would like to ask the courts to show mercy on me and give me 3, 4, or 5 points instead of 6 for this offence.

This will enable me to continue to provide for my children, put a roof over their heads, and manage my and my youngest son's medical conditions, whilst still being an effective punishment.*

Yours sincerely,
***********



Any opinion and help would be so gratefully received, I am absolutely terrified. Thanks in advance!**


*

[Nivau]

Sorry for formatting this was my first post and I'm on mobile...unsure what the dodgy A's are!*

[des8]

At the speed alleged the Court guidelines are to impose an instant driving ban or 6 penalty points.
Have been warned disqualification is being considered?
As you are subject to the New Drivers Act, the Court can opt to impose 6 penalty points to automatically revoke your licence by the DVLA / force you to retake your driving test.

You could suggest the court consider disqualification for a* period, rather than 6 points.

You need to include proof of your job as a Community Care Assistant and show that your loss of licence will impact those for whom you care.
Can your employer give you a supporting letter?

Similarly for your son's condition, you need to prove it (doctor or consultant's letter) and show how it will impact him.

The same for yourself.

Good luck*

[paulajayne]

Mitigation letter should be on how others will be affected not yourself.

Post up your letter here or www.pepipoo.com and guidance will be given.

Plan for the worst though.

[Nivau]

Thanks for replies. Thanks DES8, it doesn't say about disqualification, it says I can reply by post or online. Thanks PAULAJAYNE, the letter I have drafted is included in my original post, any help on how to word and what to keep and remove is much obliged.

[Nivau]

I will add to ask for a short ban. Is it possible to ask that if it has to be 6 points, for points to be given to me from the date of conviction rather than offence? I have been driving two years now.

[paulajayne]

"I was simply being impatient" Remove that - others may make other suggestion.

[des8]

Regretfully penalty points count from the date of the offence.

Regarding the plea of exceptional hardship, you might do well to engage the services of a solicitor specialising in motoring offences.
Examples of exceptional hardship arguments include:

Loss of a career for you or anyone who relies on your business
Potential homelessness which results in you not being able to pay for your mortgage if you lose your job
If you suffer from health issues and will have your mobility restricted if you cannot drive
if you are the carer for somebody with severe health issues and they are heavily dependent on you

The court will look into all of your circumstances and in normal times you would have had to give evidence to the court an oath about your circumstances to establish your exceptional hardship arguments. Don't know how courts are operating at the moment due to Covid19
*

[Manxman]

It's the date of the offence that counts if you've been driving less than two years.

My understanding is that the revocation of a "new" driver's licence is a purely administrative act by the DVLA and there can be no mitigation. It's possible the court could decide to give a short ban rather than points, but again my understanding is that there is specific guidance that courts should not do that. If you get six points your licence will be revoked. The good news is that you can drive until the DVLA tell you the licence has been revoked (if I were you I'd check I'm right about that) and that you can book new driving tests straight away.

Arguments about exceptional hardship and impact on others only apply to "totting-up" bans, not any other ban and not revocation.

If you can tell a sad enough sob story you might get away with a short ban - but I wouldn't bet on it. A court may well decide that at 82 in a 50 your licence needs to be revoked for the sake of others. (I don't want to be judgmental, but what were you thinking of?)

[lgfa92]

It's the date of the offence that counts if you've been driving less than two years.

My understanding is that the revocation of a "new" driver's licence is a purely administrative act by the DVLA and there can be no mitigation. It's possible the court could decide to give a short ban rather than points, but again my understanding is that there is specific guidance that courts should not do that. If you get six points your licence will be revoked. The good news is that you can drive until the DVLA tell you the licence has been revoked (if I were you I'd check I'm right about that) and that you can book new driving tests straight away.

Arguments about exceptional hardship and impact on others only apply to "totting-up" bans, not any other ban and not revocation.

If you can tell a sad enough sob story you might get away with a short ban - but I wouldn't bet on it. A court may well decide that at 82 in a 50 your licence needs to be revoked for the sake of others. (I don't want to be judgmental, but what were you thinking of?)

Correct, we are specifically told to not give a ban in order to avoid anyone getting a DVLA revocation. It's unusual for a court ban to be given in lieu of 6 points anyway (there's a virtual certainty that any points would be 6).