Totting up ban with Court date impending.

Car_54

monkeybrains wrote: »

The below case closed letter from my Solicitor outlines why I got 3 months.

"The 3 penalty points imposed for this offence meant you had accumulated a total of 12 points for offences committed within a 3 year period and therefore you were at serious risk of a minimum 6 month Totting Up disqualification.

However, after considering the mitigation that I advanced on your behalf and looking very closely at the wording of section 35 of the Road Traffic Offenders Act 1988, the Judge VERY unusually agreed to not impose the minimum 6 month Totting Up disqualification despite you not having exceptional hardship grounds. The Judge agreed to impose a 3 month totting up disqualification on the basis you had only been caught by the totting up provisions by 6 days."

So, no “little-known legislation” and no measurement of lamp-posts as in your previous posts?

unholyangel

monkeybrains wrote: »

The below case closed letter from my Solicitor outlines why I got 3 months.

"The 3 penalty points imposed for this offence meant you had accumulated a total of 12 points for offences committed within a 3 year period and therefore you were at serious risk of a minimum 6 month Totting Up disqualification.

However, after considering the mitigation that I advanced on your behalf and looking very closely at the wording of section 35 of the Road Traffic Offenders Act 1988, the Judge VERY unusually agreed to not impose the minimum 6 month Totting Up disqualification despite you not having exceptional hardship grounds. The Judge agreed to impose a 3 month totting up disqualification on the basis you had only been caught by the totting up provisions by 6 days."

If I remember the facts of your case right and looking at section 35, I would hazard a guess that your solicitor argued it should be from date of conviction rather than date of the offence.

monkeybrains

Car_54 wrote: »

So, no “little-known legislation” and no measurement of lamp-posts as in your previous posts?

That text obviously didn't contain the whole of what was said in the trial.

monkeybrains

Thank you again to all who gave good advice - it's greatly appreciated.

foxy-stoat

A result for you OP, hope you can learn and continue your merry way on the roads.