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Facing a driving ban? 12 points on your licence?

View profile for Tony Irving
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We all know somebody who has been caught by a speed camera, and more and more drivers are incurring penalty points on their licences.

On accumulating 12 penalty points or more, disqualification from driving is automatic for a minimum period of six months. This can have serious implications where you need the use of a car for employment or business purposes.

However, depending on the circumstances and provided you seek advice at the earliest possible opportunity, our motoring offence solicitors in Watford may be able to help you avoid disqualification.

Tony Irving, dispute resolution and speeding offence specialist solicitor at Hancock Quins Solicitors in Watford advises on what you should do if you are charged with a speed camera motoring offence that means you are facing a driving ban.

“Even if your livelihood is at stake, do not be tempted to give false details of the driver, or take the points for someone else, as like ex-MP Chris Huhne and his ex-wife Vicky Pryce you could both be charged with perverting the course of justice,” advises Tony.

“In particular, you should contact us before completing the s.172 notice, requiring information about the identity of the driver at the time of the offence. Company car drivers must take particular care where the company owns the vehicle,” he adds.

Following completion of the s.172 notice you will receive a fixed penalty notice or the opportunity to take the matter to court. Depending on the circumstances, you might receive a summons notifying you of the start of court proceedings.

At this stage, further information can be requested from the police regarding the case. If there is doubt about the identity of the driver then a copy of the photograph of the vehicle taken by the speed camera can also be requested.

There are also a number of rules regarding the use of cameras which should be investigated to ensure that all procedures have been followed correctly.

Where the number of points on your licence amounts to 12 or more, then disqualification is mandatory. However, it may be possible for a driver to continue to drive where it can be argued that the loss of the driver’s licence would have grave consequences on the lifestyle or business of the driver or others connected to them and that “exceptional hardship” would result. If the court accepts this, then the driver may keep their licence, albeit with the full 12 points or more.

If you are in danger of losing your licence or need advice on any driving related incident, then contact Tony Irving on 01923 650 850 or email tirving@hancockquins.co.uk.

 

The contents of this article are for the purposes of general awareness only. They do not purport to constitute legal or professional advice. The law may have changed since this article was published. Readers should not act on the basis of the information included and should take appropriate professional advice upon their own particular circumstances.

 

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