Contesting Speeding Fine/Revokation of Licence

glentoran99

PLPK24 wrote: »

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

why didn't you learn your lesson the first time? Your mental health as harsh as it sounds has no bearing on your ability to stay within speed limits.

facade

You do know that what happens is the DVLA write to you giving you 7 days notice of revocation when they find out about the points?
Then you simply apply for a new provisional licence, and take both tests again, likely back on the road with a new licence (complete with 6 points) in around 6 weeks.

(Then you can collect another 5 before you get a totting ban- the New Drivers Act only applies once)

AndyMc.....

DoaM wrote: »

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.

None of which has any relevance.

unholyangel

It doesn't help your situation but for future, speeding isn't worth it imo.

Even if you were travelling 30 miles.....it would take 25 minutes at 70mph and 20 minutes at 90mph - so you risk losing your licence, increased insurance premiums, criminal convictions, the convenience of having a car etc for the sake of a few minutes.

You should also check your contract/staff handbook as your employer may require notification as soon as you are aware of any impending prosecution.

But as others have said, go and get legal advice. Particularly when your job is on the line.

Loanranger

My car has a speed limiter which I use. Problem solved. I took a journey on a smart motorway this week. My car will easily do 130 mph plus but I did not exceed 70 all the way there and back home afterwards. Yes, its a real sod but having my licence taken away would be much more of a sod.
Pleading mental health problems is actually ridiculous... if your M Health is such that you are unable to drive within the speed limit means you should not be driving at all.
I was on anti depressants for two years, never used it as an excuse to break the law.
You need to learn from your experience.

TooManyPoints

The difficulty you face with "requesting" a short ban is two fold. Firstly, as already covered, magistrates have specific guidelines which deter them from doing so where they are faced with a choice of ban or points. Secondly, your speed (90 in a 70 limit) would not attract a ban in normal circumstances anyway ("ban territory" begins at 91mph and even then a ban is not usually considered below 100mph). So you would be asking the court to sentence you outside the guidelines simply to circumvent the New Drivers' regulations. You are very,very unlikely to succeed. You could engage a solicitor. He could put the same application to the court as you can and he would also be very unlikely to succeed.

You will almost certainly be offered a fixed penalty for the offence (£100 and 3 points). Accept this (saving you a tidy sum on what you'd pay if you went to court) and save your solicitor's fees.Then put all the money saved towards a new licence and test, and the odd taxi or two whilst you are waiting for a test date.

Jackmydad

I'm not a legal expert. Talk to a specialist solicitor by all means, but I think your on a loser here.
The reality is that you've been caught twice speeding, and now have to face the consequences.
Once you get your license back, don't speed, and be careful to obey (and know) the rules of the road.
Can you get public transport or cycle to work?

Car_54

TooManyPoints wrote: »

The difficulty you face with "requesting" a short ban is two fold. Firstly, as already covered, magistrates have specific guidelines which deter them from doing so where they are faced with a choice of ban or points. Secondly, your speed (90 in a 70 limit) would not attract a ban in normal circumstances anyway ("ban territory" begins at 91mph and even then a ban is not usually considered below 100mph). So you would be asking the court to sentence you outside the guidelines simply to circumvent the New Drivers' regulations. You are very,very unlikely to succeed. You could engage a solicitor. He could put the same application to the court as you can and he would also be very unlikely to succeed.

You will almost certainly be offered a fixed penalty for the offence (£100 and 3 points). Accept this (saving you a tidy sum on what you'd pay if you went to court) and save your solicitor's fees.Then put all the money saved towards a new licence and test, and the odd taxi or two whilst you are waiting for a test date.

A few lessons might not go amiss too.

Muscle750

You got my sympathy however ive seen idiots on motorways well into three figures and get away with it. Its all well doing these speeds until someone pulls out in front of you etc . I dont think you got a chance unless you can show you be unemployed due to no driving etc then you might just but i doubt get away with it.

AndyMc.....

Muscle750 wrote: »

You got my sympathy however ive seen idiots on motorways well into three figures and get away with it. Its all well doing these speeds until someone pulls out in front of you etc . I dont think you got a chance unless you can show you be unemployed due to no driving etc then you might just but i doubt get away with it.

He’d need to show someone else would be disadvantaged if he lost his job.