12 Points On Driving Licence Dumfries
Our client received a Notice of Intended Prosecution for an allegation of speeding on the A74(M) near Dumfries. The speed of his van was detected at 84mph by the Pro Laser III device. Ordinarily, this would have been dealt with by the imposition of a 3 point fixed penalty and a £100 fine. Our client was therefore a little surprised to receive a Court citation for Dumfries JP Court but dealt with it by pleading guilty by letter. He received a response from the Court advising that he required to attend to make representations against disqualification. Fortunately, he contacted our office and it was discovered that he actually had 12 active penalty points from England of which he had been unaware (both related to a failure to provide the identity of the driver where the letters had been sent to a former address).
We persuaded the Court to permit his plea of guilty to be withdrawn and we investigated the case thoroughly. We spent four months examining the case, witness statements and a DVD which captured the incident. Prior to the Trial we discussed the case with our client and advised that the Crown case was so compelling that a plea of guilty was the only realistic way of dealing with the case. We advised that we would try to persuade the Court to deal with the offence by the imposition of a short period of disqualification. This was advised - as opposed to Exceptional Hardship (a.k.a. Extreme Hardship) - as our client's circumstances were not so compelling that the Court would be inclined to uphold our argument. We also were acutely aware that our client was going to be on 12 points for the next 2 years and we wanted to leave Exceptional Hardship as an absolute last resort (and leave it open for him to argue should he require to do so in the next couple of years).
Our plan was brought to fruition on 26th January 2018 at Dumfries JP Court. Our Mr Simpson attended and addressed the Court on our client's behalf and he was disqualified for 4 weeks and fined the sum of £100. In the circumstances, this was an outstanding result.
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