Free Traffic Legal Advice
Live cases legal advice => Speeding and other criminal offences => Topic started by: RedRobin on June 23, 2025, 10:53:37 pm
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Given that the OP has 5 tickets, is it even worth him accepting the speed awareness course for the one of them? Would it be better to deal with all 5 at court and keep the speed awareness course in his pocket for any future offence?
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At the risk of appearing blunt (cue shocked cries of "Oh no", "Surely not" and "Don't call me Shirley"), the OP's post is very heavy on the "oh, woe is me" and very light on relevant details.
To all intents and purposes, the OP currently has 0 points, has received 5 NIPs for 5 separate speeding offences, all from the sane camera for speeds between 32 and 36 in a 20 limit. The OP has been offered an SAC for one of these (presumably the offence in the 32-36 range that was 31mph or lower, as SACs are not generally offered for more than 10% +9mph over the limit), and received COFPs for the other 4 (despite one of the offences being 36 in a 20, whereas COFPs are not generally offered for speeds of more than 34 (rounded down) in a 20 limit).
Ignoring discrepancies between the OP's claims and widely understood guidelines followed by the sausage machine, the obvious detail would appear to be that, we are told that the OP has received 4 COFPs - so 4 assuming that the SAC takes care of the 5th offence, 4 active cases (and the one case - one thread rule is exempted in this case) and has told us that he has requested that his case be heard in court.
Unless there is more that the OP has chosen not to trouble us with, he is potentially facing 4 separate court hearings. This could be a problem.
Whilst the COFPs [apparently] offered disposal for 3 points a go, at court they are all "Band B" offences - so 4-6 points each. If heard together, whether the OP ended up with 12, 16 or 24 points (or any number of points greater or equal to 12), he would have totted up once, and have the opportunity to present an exceptional hardship argument, which could potentially obviate the 6 month totting ban. If the ban is avoided, the points remain relevant for subsequently totting up if he gains any more points for offences within 3 years of those points, but the grounds for a successful exceptional hardship argument cannot be used again for another 3 years.
If the cases are not all heard together, and if the bench follow the sentencing guidelines, the first 3 to be heard would result in at least 12 points (whether heard together or separately), and the OP would have an opportunity to present his exceptional hardship argument, which, if successful, he would not be able to use when he totted up again when the points for the fourth case took his total of relevant points to 12 or more.
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What's done is done - although it may not be your priority, the cheapest disposal is almost always a fixed penalty. (You can accept the conditional offers as long as you don't hit 12 points)
If they are sentenced at court then the points can exceed 3 and are income related along with costs and surcharges. So as long as they are all heard together you will get the opportunity to submit the EH plea. (You will get at least 12 points, possibly more)
But anyway, your priority is the EH plea as detailed above. You will have to concentrate on your Wife's condition and needs to try and convince the bench that the situation causes such hardship. You will need to research the taxi option as you may well need to use it.
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After the speed awareness course I will have four more speeding offences. Each came with an initial offer of 3 points and a £100 fine, I am also confused regarding the 36mph why it was not more points. Adding up the offers would be 12 so it would be an automatic ban. It’s the ban I’m so desperately trying to to avoid so I felt I had no choice but to ask for my case to be heard in court. Are you suggested I should have accepted 3 and then had the last case heard in court. I’ve never been in a court before so I’m not sure what to do.
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I have asked for my case to be heard in court and I am waiting to be given a court date.
What do you mean by this? As you could accept 3 of the fixed penalties. (You can't accept one if you tot) Speeds in excess of 30mph attract more than 3 points at court.
You mention a speed of 36mph - that excess could result in court anyway as it may be too fast for a fixed penalty.
If anyone has any advice, I am 70 years old in the UK and have kept a clean license for the last 48 years.
On the basis you don't have a defence then you'll tot. At this point you can present an Exceptional Hardship plea to reduce the 6 months ban, potentially to none. How the points were gained are not considered (The bench may be aware of the circumstances).
Here’s the Magistrates’ guidance when dealing with such a plea:
When considering whether there are grounds to reduce or avoid a totting up disqualification the court should have regard to the following:
It is for the offender to prove to the civil standard of proof that such grounds exist. Other than very exceptionally, this will require evidence from the offender, and where such evidence is given, it must be sworn.
Where it is asserted that hardship would be caused, the court must be satisfied that it is not merely inconvenience, or hardship, but exceptional hardship for which the court must have evidence.
Almost every disqualification entails hardship for the person disqualified and their immediate family. This is part of the deterrent objective of the provisions combined with the preventative effect of the order not to drive.
If a motorist continues to offend after becoming aware of the risk to their licence of further penalty points, the court can take this circumstance into account.
Courts should be cautious before accepting assertions of exceptional hardship without evidence that alternatives (including alternative means of transport) for avoiding exceptional hardship are not viable.
Loss of employment will be an inevitable consequence of a driving ban for many people. Evidence that loss of employment would follow from disqualification is not in itself sufficient to demonstrate exceptional hardship; whether or not it does will depend on the circumstances of the offender and the consequences of that loss of employment on the offender and/or others.
So you will have to investigate thoroughly the alternatives for travel such as Taxi's. As above, you will have to show the hardship is truly exceptional and not just an inconvenience. (Consider how someone without access to a car would travel for such appointments)
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My wife who is registered disabled of whom I am her primary carer fell ill over a period of weeks. She underwent a 5 hour operation to remove a cyst. The recovery is normally 6-8weeks. After a week of having the operation my wife and I were called into the hospital to discuss the results of what had been sent away and tested. At this point our lives fell apart, my wife was diagnosed with cancer and needed a further operation of which would require us to attend another hospital further away. As you can imagine the following days many tears were shed and the stress levels were at times intolerable. I took my wife to the hospital where she underwent a 6 hour operation to remove the cancer. Over the following day I worried so much and over the next 10 Days I was at her bedside from morning till I was kicked out.
After the 10 days we were able to come home to start a 10 to 12 week recovery. At this point I was over the moon to have her home. However, the following day I received my first traffic offence. I had been caught speeding in a 20mph limit by a fixed speed camera. Over the next 4 days I received four more! a total of five! The last one offered a speed awareness course but the others were a fixed three points and a £100 fine. The speed offences ranged from 32 to 36mph. The speed camera was on a hill and there was no other traffic around (between 06:05 - 06:27) so id imagine my mind just wandered as I was worried sick going to visit that something may have happened to my wife overnight. This just amplified the stress and both my wife and I were regularly breaking down in tears not the environment I wanted to create.
The thought of losing my license is unimaginable, my wife being disabled and needing to attended various Dr appointments along with further cancer preventive treatment and check ups, relies on me for transport as she is unable to drive. She has restricted mobility and is unable to walk far. I have asked for my case to be heard in court and I am waiting to be given a court date. I know I've done wrong and I expect a punishment but I just need to keep my license.
If anyone has any advice, I am 70 years old in the UK and have kept a clean license for the last 48 years. This is all a complete mess I just don't know what to do. The last two months have been the worst I ever experienced.