Stupidly I already had 9 points and then got caught doing just over 100 on the motorway at 2am. They didn't offer me a fpn just a court summons.
That is correct. It was too fast for a CoFP and you were on 9 points anyway and looking at potentially totting.
I'm hoping to plead with them because my job is a multi drop delivery driver and my dad is disabled and I have to drive him to hospital appointments, surgeries etc
The matter couldn't be heard by a SJ anyway - the matter was always going to court.
Anyway, there are two possibilities (absent a defence):
1) They sentence you a short ban (2-3 weeks) instead of points which will avoid totting - but they are unlikely to do this with potential totting.
2) You tot (hit 12 points) and then submit an Exceptional Hardship Plea to reduce the ban (potentially to none).
Here are the guidelines:
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 need to demonstrate that the hardship you and/or others will suffer is over and above that would be suffered by other drivers. When explaining to the court that you will lose your job, firstly you will need to present evidence of that (e.g. a letter from your employer) and then go on to explain why alternative employment, not requiring you to drive, is not possible. You will also need to explain why you think the consequences of a ban are “exceptional” (bearing in mind the above guidance). Bear in mind that you will have had some time to investigate such possibilities and the court will expect you to have investigated the possibility thoroughly. If you post your ideas up here you will get some views on your chance of success.
