Contesting Speeding Fine/Revokation of Licence

PLPK24

Hi,

I am looking for some potential advice on my current sticky situation I am in. I am 24 Years Old.

I have obtained my second speeding fine, this time by a speed gun on the motorway (I was caught doing 90mph in a 70mph zone). I hold my hands up and admit I have made a mistake and I am wrong and I have 100% learnt my lesson.

Now as I have only been driving 16 months, I have later found out obtaining 6 points (which I will be getting in due course) will mean my license will be taken from me.

Now does anyone think I have a case to fight against the revokation of my license. See below.

I have suffered with quite severe depression and anxiety for a couple years ago now, that has left my in a very dark place for some time. My dad died 10 months ago and this led to my depression and anxiety getting extremely extremely bad, and was having a negative impact on my job - I was going nowhere. I took the plunge as it got so bad to go to the doctor and offloaded and was prescribed anti depressants (this was quite a big deal for me). I have really felt in the last couple months or go I have got back to a place where I really want to be, and from this, it has lead to me obtaining quite a good job whereby I NEED my car to do my job otherwise it may lead to me losing my job - and therefore I am worried it may lead to a negative impact on my mental health.

Does anyone think I have a case to fight against them not revoking my license / maybe impsoing a short ban instead whereby I can take annual leave from my job?

Any advice would be hugely appreciated on what route I should go down... whether I even have a case or not etc... I can prvoide proof to anyone from my doctor re my mental health

caprikid1

On pistonheads there are a few firms specializing in these sorts of cases. I believe AGTLaw are one.

waamo

I've only ever heard good things about Bobby Bell of BB Law too. I hate to say but I think you are going to need a miracle. Magistrates are actively discouraged from giving a short ban in these circumstances as this essentially defeats the point of the new drivers law.

MEM62

PLPK24 wrote: »

Any advice would be hugely appreciated on what route I should go down...

I'm sorry to hear of your issues and I hope that you can get help with these.

However, it is unlikely that these will be accepted as mitigation for the offences and, if I may be brutally honest, rightly so in my opinion. Whilst I appreciate your are dealing with a lot of problems, if you are allowing these to impact on your driving then perhaps an enforced break from road use is no bad thing. It will give you an opportunity to address your issues and get you head in a better place before taking to the road again.

There is a lot of responsibility that comes with a driving license and you really should not be driving if you are not fit to do so. And buy your own defence, you are stating that this is the case.

TadleyBaggie

The 6 point revocation is purely a DVLA administration process, so the only way to avoid it would be to not get 3 additional points. So you would either have to go to court, plead not guilty and come up with a successful defence (pretty unlikely) or somehow get the court to impose a short ban in lieu of points. As has been said, the courts have guidelines that do not encourage this.

macman

How did you get the first speeding fine?

DUTR

macman wrote: »

How did you get the first speeding fine?

I'm guessing exceeding the posted speed limit ... and getting caught.

Aylesbury_Duck

Assuming you can't avoid losing your licence, what steps can you take to try and protect your job? Have you got an employee helpline or HR department you can talk to? In the circumstances, they may be able to make reasonable adjustments to your role to permit you to fulfil it without driving.

In my view, you are better off being honest with your employer now. Early notification of the problem might generate some goodwill and make them more inclined to try and help. There is an employment section of this forum where you might get some specific advice on this.

DoaM

DUTR wrote: »

I'm guessing exceeding the posted speed limit ... and getting caught.

I'm guessing what was behind the question was ... why wasn't OP offered a Speed Awareness Course for the first offence? (Or if OP was, why didn't they take it up?)

If either offence was in Scotland then there's no opportunity for a SAC. And if the first offence was also for a similar speed then it was above the threshold for a SAC being offered.

Johnmcl7

As others have said, you have two challenge with avoiding losing your license. The first is that the process for new drivers reaching six points is automatic and separate to the court unlike reaching 12 points where you are able to plead exceptional hardship and if accepted, keep your license. However for the new driver process the magistrates decide the penalty then the DVLA automatically remove the license.

The second problem is that the sentencing guidelines advice magistrates that if a new driver requests a ban instead of points when it would mean they'd lose their license that they should not do so as it goes against the intention of parliament.

I agree with the recommendation to get a good solicitor and for BB Law as they have a good reputation.

DoaM

You also need to weigh up the costs of engaging a solicitor (with no guarantee of success) versus the costs of simply accepting what is coming. See post #8 as it has good advice.