Motoring. Driving, a notice of proposed driving disqualification

NorthEast2021

My brother was caught speeding 98 on motorway (70) last year on 28th August 2020 at 03:48am

At that time he had 6 points on his licence. He has just been given a court date 25th May 2021, a notice of proposed driving disqualification.

As it stands from February this year, those 6 points are now not valid as the three years are up. So, he has now a clean licence.

Question is, will he still get a ban? Through point totting up??

TooManyPoints

It is the dates of the offences which count when calculating the three year period. 

The speed of 98 in a 70 is firmly six point territory. The guidelines suggest either a short ban or 4-6 points for speeds of 91-100mph. If the date calculation does make him subject to "totting up" your brother faces four possible outcomes:

1. The court imposes a short ban instead of six points. The likelihood of this is low as Magistrates have guidance which advises them that where points or a ban are alternatives and points will lead to a "totting up" disqualification, then points should be imposed.

2. They could impose fewer than six points. This is unlikely. As above, the offence sits firmly at the top of the sentencing range.

3. Six points are imposed and he presents a successful "Exceptional Hardship" argument. He will have to convince the court that he or others will suffer hardship that is over and above that which anybody else might if disqualified. Loss of employment alone is not usually considered exceptional as anybody who needs to drive to get to or undertake their work would suffer similarly.

4. Six points are imposed and he is banned for six months. 

I would advise your brother to prepare an EH argument. If he'd like to post it on here I can give my opinion of his chances of success.

NorthEast2021

TooManyPoints: thank you for your reply. Yes he will be submitting a EH argument. I was hoping the court would look at his now clean licence and just give him the 6 points.

neilmcl

Shame he didn't consider this exceptional hardship when he we was going a ton up on the motorway with 6 points already on his license.

theoretica

Remember not to plan to drive away from the court if it is in person - have an alternative transport plan.

TooManyPoints

 I was hoping the court would look at his now clean licence and just give him the 6 points.

No they cannot do that. They must subject him to the totting up ban unless he can show EH.

AdrianC

NorthEast2021 said:

I was hoping the court would look at his now clean licence

The problem is that his licence wasn't clean on the relevant date - the date that he did 98 on the motorway... At that time, he still had six months ahead of him with 6pts sat there.

The wheels of justice have moved slowly, but that doesn't give him a free pass.