Single Justice Procedure Notice

[trav2591]

Nvm, please delete

[lgfa92]

There's nothing in that letter that defends against the points or fines- you're looking at 6 points for a s172 offence and 3 points minimum for speeding (if the police proceed on both charges - they often don't). The 6 points is a set figure and the 3 points is an absolute minimum for speeding so, if they proceed with both, then you do hit the 12 points, if you already have 3. The fine is likely to be just the Band C fine for the s172 notice.

You will not get off any lighter by already having had speeding penalties, if anything it would work against you.

Any mitigation you have given could be used to try and prevent a ban however a 'totting up' ban requires 'exceptional hardship' to be demonstrated for a defence - losing a job or college place isn't automatically 'exceptional'. Where there's the chance of a ban the Single Justice Procedure will refer to the case for a full court to be heard.

When did you get your licence ?

[trav2591]

There's nothing in that letter that defends against the points or fines- you're looking at 6 points for a s172 offence and 3 points minimum for speeding (if the police proceed on both charges - they often don't). The 6 points is a set figure and the 3 points is an absolute minimum for speeding so, if they proceed with both, then you do hit the 12 points, if you already have 3. The fine is likely to be just the Band C fine for the s172 notice.

You will not get off any lighter by already having had speeding penalties, if anything it would work against you.

Any mitigation you have given could be used to try and prevent a ban however a 'totting up' ban requires 'exceptional hardship' to be demonstrated for a defence - losing a job or college place isn't automatically 'exceptional'. Where there's the chance of a ban the Single Justice Procedure will refer to the case for a full court to be heard.

When did you get your licence ?

I have held my license for 10 year. I think losing my job and place at university thus also meaning I will face the possibility of losing my home may be considered exceptional hardship no?

[lgfa92]

I think losing my job and place at university thus also meaning I will face the possibility of losing my home may be considered exceptional hardship no?

Not always - A hardship effect on yourself is generally seen as being self induced and not exceptional in most cases (i.e. it could be a foreseeable effect of any ban that you lose your job, and that would not typically be exceptional). Exceptional hardship is far more likely to succeed where it's the effect on other parties. Ultimately it's the bench on the day who would decide on whether or not it's exceptional - you'd be questioned a lot more on the effects of any ban than what you've put in the letter.

The senior judiciary have only just recently put out an advisory to the lower courts to the effect that the term 'exceptional' is being applied far too liberally and needs to be tightened up.