Driver With 28 Points Avoids a Ban

A driver with 9 points already on her licence faced a further 4 speeding offences.

The Facts

A driver in Nottingham had received numerous Notices of Intended Prosecution for speeding on the same section of road over the course of several months. She had believed the road to be a 40mph limit rather than a 30mph limit. All of the offences were around the 35mph – 40mph range.

Driver With 28 Points Avoids A Ban

Unfortunately, she had not read and understood the notices when she received them. This meant she had continued to inadvertently break the speed limit on the road and had not realised she had to reduce her speed. She was initially unaware that she was facing disqualification from driving but later realised the seriousness of her situation.

She came to us for advice in a desperate attempt to save her licence.

The Outcome

We gave her honest advice that the court was unlikely to be sympathetic due to the number of offences, but her circumstances were unusual. On this basis, we suggested putting forward to the court the mitigating circumstances and the impact a ban would have on her. If the court accepted that there were grounds for mitigating the normal consequences of conviction, it would have the discretion not to disqualify her, or to disqualify for a shorter period.

She worked in a caring profession and had young children. Nottingham Magistrates Court accepted that the consequences for her would be devastating if she was banned for 6 months. Exceptional hardship would certainly result. The magistrates acknowledged that attending court had had a significant impact on her.  They accepted her evidence and agreed to give her ‘one last chance’.

She received a further 19 points for the offences taking her to a total of 28. However, she was allowed to continue driving provided no further offences were committed within 3 years.

Needless to say, our client was incredibly relieved and vowed to be far more vigilant in future.

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