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timster908
To start off, I got all of these speeding tickets (5 in total) within one month during work whilst in the work vehicles (I am a delivery driver for a supermarket). I attended the speed awareness course to decrease the total number of points I'd be getting. For all of these tickets, I drove over the speed limit by about 6-8mph on motorways only, all from average speed check cameras. I have never gotten any speeding offence within my 5 years of driving until last year November when I received FOUR at once. I am currently at 9pts on my license, however, I have recently received the court forms (notice of proposed driving disqualification) and now I am worried about what to do.

My situation is a little weird and unique as by the end of the year/start of next year I will be moving to South Africa. Between now and then I will need my license for work as I drive for a living and need to maintain an income. Because my offences were not severe (over 6-8mph on motorways), would I incur a smaller penalty? Or is there any way I can avoid the maximum penalty?
Jlc
QUOTE (timster908 @ Fri, 4 Jun 2021 - 13:24) *
Or is there any way I can avoid the maximum penalty?

I'm not sure what you mean by this. But it seems you will reach 12 points and will then be facing a 6 months totting ban.

Once this is triggered you have the opportunity to submit an Exceptional Hardship plea to the court to reduce that ban, potentially to none. How the points were accumulated is irrelevant - only the merits of your plea are considered.

The point system is a bit of a blunt instrument as you've found. 4 or 5 'minor' speeding offences can result in a 6 months ban whereas the top end of careless driving could see 9 points without any ban whatsoever...

Here's the guidance:

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.


Note carefully the comments about loss of employment.

Another thing you need to ensure that all offences are considered when you submit your plea. As if you are successful in avoiding the ban then more points will trigger it again and you cannot use the same reasons within 3 years. But it's not 100% clear from your post which offences have been processed (course/fixed penalty) and which are heading to court?
cp8759
QUOTE (timster908 @ Fri, 4 Jun 2021 - 13:24) *
My situation is a little weird and unique as by the end of the year/start of next year I will be moving to South Africa. Between now and then I will need my license for work as I drive for a living and need to maintain an income. Because my offences were not severe (over 6-8mph on motorways), would I incur a smaller penalty? Or is there any way I can avoid the maximum penalty?

Do you have a court date yet?
The Rookie
Attending the course was actually a bad idea, you should have ‘kept it in your back pocket’, you have still totted and still get the same chance using an EH plea as if you had been sentenced in court for that one as well.
andy_foster
QUOTE (The Rookie @ Fri, 4 Jun 2021 - 15:01) *
Attending the course was actually a bad idea, you should have ‘kept it in your back pocket’, you have still totted and still get the same chance using an EH plea as if you had been sentenced in court for that one as well.


Not quite sure how this helps the OP (which is supposed to be the point of the thread (and the forum in general).
Depending on the timings, when the OP received the first 4 NIPs all at the same time (amazing how much information you can learn if you read the posts), the stock answer from anyone would have been to take an SAC. If he had received the 5th NIP before taking the SAC, the advice might have been different, but in this OP's case, perhaps not.

Whilst I must admit that I do not know much about how speed enforcement is operated in South Africa, I would be extremely surprised if having done an SAC in the UK within the previous 3 years would have any bearing on any disposals available.

@OP, Whilst the courts tend to take a dim view of people gaming the system, pleading not guilty and presenting technical defences can delay the eventual conviction substantially.
Logician
QUOTE (timster908 @ Fri, 4 Jun 2021 - 13:24) *
To start off, I got all of these speeding tickets (5 in total) within one month during work whilst in the work vehicles (I am a delivery driver for a supermarket). I attended the speed awareness course to decrease the total number of points I'd be getting. For all of these tickets, I drove over the speed limit by about 6-8mph on motorways only, all from average speed check cameras. I have never gotten any speeding offence within my 5 years of driving until last year November when I received FOUR at once. I am currently at 9pts on my license, however, I have recently received the court forms (notice of proposed driving disqualification) and now I am worried about what to do.

My situation is a little weird and unique as by the end of the year/start of next year I will be moving to South Africa. Between now and then I will need my license for work as I drive for a living and need to maintain an income. Because my offences were not severe (over 6-8mph on motorways), would I incur a smaller penalty? Or is there any way I can avoid the maximum penalty?


The effect of a disqualification imposed by a UK court is that you must not drive in the UK, but it does not prevent you driving in South Africa, so one route to consider is to bring forward your move to SA, if that is a possibility.
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