Notice of Proposed Driving Disqualification : Should I respond in writing or attend court ?

dearyn

Hi, any advice would be so very  appreciated. 

mr_stripey

i think a bit more detail and context may be needed?

bluelad1927

With no details or context it may not make any difference  but personally I would attend if it meant any hope of avoiding disqualification 

fatbelly

There's a general principle that you never get a worse deal by attending - but obvs be polite, dress smartly

Car_54

fatbelly said:

There's a general principle that you never get a worse deal by attending - but obvs be polite, dress smartly

And don't drive to court.

dearyn

Apologies :
My situation is I completed a drivers awareness course in July ,22 to maintain my clean licence. In May this year I was doing 72 on my usual stretch of motorway, which I didn't realise was reduced to a 30 mph limit.

I am a carer /PA for a 63 year old gentleman who had had a life changing  stroke 8 years ago. He was given very little chance of survival , was unable to walk for a year and could not speak or comprehend for 2 years. He lost 45% of his brain, and is now paralysed down his right side,  walks with a stick and is improving with his speech and communication all the time. He still  suffers with anxiety and depression.

 In my initial response to the intention to prosecute notification I informed that on the date of the offence, which I accepted fully, I  was driving the gentleman to an event at the time. I was attempting to verbally calm him as he was showing signs of anxiety at this time. Seeing the flash of the speed camera I realised, with great regret,  what I had done.
 
I have been his PA for nearly 3 years and he ( and his wife ) have built up a strong relationship with me which has meant he has made huge strides in his development - both with speech and reading skills as well as  socially, and emotionally ( I wont bore you with the details but I thoughts I should expand upon this in my response )

Social services have stressed a key part of maintaining his social and emotional well being is to support him on his weekly fishing trip for which I need to drive. I have enabled him to reintegrate into society more generally and accompany and play bowls with him weekly, as well as supporting his love of music. He has overcome huge barriers to attend small concerts, which has enabled him to engage in his pre-stroke activities, despite his issues with anxiety.

The incident here was when I was taking him to a concert and is as described above. 

I am a qualified social worker of 55 who is maintaining my registration by supporting this gentleman on a zero hour contract basis. usually 2 sessions a wekk.. Any thoughts would be most graciously received as i will almost certainly have to cease employment with him if disqualified.  Thank you.

HillStreetBlues

How did you respond to the Single Justice Procedure Notice?, did you use mitigation in that?

dearyn

Hi thanks  for you query. I acknowledge my wrong doing and briefly explained what I have put above. 

ontheroad1970

I would suggest going to pepipoo.com.  There they will support you in preparing a statement.  It's going to be difficult as they are likely to ban you outright.  If it was simply a case of points taking you over 3 points then you would have the makings of an exceptional hardship reduction of the 6 months that is automatic.  You are between a very hard track and a very hard place, Things you may say to mitigate might actually make things worse.  I would definitely suggest going to pepino and you definitely need to throw yourself at the mercy of the court.  The best you might hope for is a short ban.  

dearyn

Thank you for your input, can you expand on why I may make it worse.....that would be really helpful. 
Is Pepino a forum I should ask the same question on ? Sorry I don't know of this . Thank you for your time. 

HillStreetBlues

dearyn said:

Hi thanks  for you query. I acknowledge my wrong doing and briefly explained what I have put above. 

By getting the Proposed Driving Disqualification they have rejected your briefly explanation, so if you do the same I think it will get up with the ban.
By far the mostly likely way you will escape a ban is by attending, giving a very full account of how it will affect that gentleman. Do legwork get letters from SS on how important it is for you to drive this person, letters from him if possible and his wife, everything you can, leave no stone unturned. DO NOT venture how it will affect you personally, this has already been rejected.
Also don't go into why it happened, just concentrate on why a ban would be a disaster for that gentleman and his wife.