Speeding offence – long ban avoided

In a recent case, our client from South West London avoided a six months totting up ban, despite pleading guilty to a speeding offence which should have put him over the totting up threshold thanks to the specialist advice and case strategy deployed by Ashworth Motoring Law.

Our client explains:

“With six points already, my latest speeding offence meant I was looking at a six month ban and fine on a totting up basis. Ashworth’s argued successfully for a discretionary ban of 28 days and persuaded the Magistrates accordingly. Massive respect!

When asked what he liked most about our business, he said:

“The quality of advice, excellent communication, efficient admin. The advice about referees was brilliant and influenced the Magistrates considerably. “

A.J. Chester from South West London.

If, like Mr Chester you’re facing the potential loss of your driving licence after committing a motoring offence such as speeding, all is not lost. Our expert motoring lawyers could be influential in saving your driving licence. Contact us today on 0330 33 22 770 to find out if your licence is one of the many that can be saved.

How we could have saved Nick Knowles and David Beckham’s driving licence:

Today 12 June 2019, Nick Knowles appeared at Cheltenham Magistrates’ Court to answer charges of Speeding and using a Mobile Phone whilst driving. After entering a guilty plea he was sentenced to a six months disqualification from driving.

Likewise, back in May 2019, David Beckham received a six months disqualification from driving after totting up twelve points following a Mobile Phone offence and two earlier Speeding offences.

Both celebs fell fowl of the totting up provisions which state that a person should be disqualified from driving for six months if they incur twelve penalty points on their driving licence within a three-year period.

Is a Driving Ban Inevitable Once Twelve Points Are Reached?

The short answer is NO”. We have represented countless motorists who have driven away from Court despite having twelve or more points endorsed onto their driving licence.

The law allows a discretion for cases where the usual six months totting up ban would cause difficulties for the motorist and those around them (exceptional hardship). Circumstances which have amounted to exceptional hardship for our clients in the past include driving “thousands of miles a year up and down the Country for work” as highlighted by Nick Knowles in relation to his case today, and those who drive their children to and from school as  was the case for David Beckham earlier this year.

The circumstances which could amount to exceptional hardship are countless and are as unique as the particular details of any given case.

At Ashworth Motoring Law, we’ve successfully saved the driving licences of many who have thought that all was lost, especially after being told by other law firms that there was nothing that could be done.

If you’re at risk of losing your licence as a result of totting up, feel free to browse the relevant sections of our website for legal advice on how to avoid a driving ban or call one of our specialist motoring law solicitors today on 0330 33 22 770.

Changes to speeding fines

Guest Article by Jasmine Garton.

 

The maximum fine for speeding has long been £1,000 (unless on the motorway, in which case the fine could be up to £2,500) alongside the possibility of penalty points or a disqualification.

 
However, with the introduction of changes to the operation of speeding fines under the Road Traffic Regulation Act 1984, s.89(1), the maximum amount you can be fined has now increased as of the 24th April 2017.

 
Of course, the best piece of advice that can be given is to simply remain safe and under the speed limit at all times to avoid any unwanted penalties being incurred.

 
If one is to abide by the strict rule of the law, then the second you surpass the designated speed limit, you are liable for a speeding ticket. In reality, it is unlikely that you will be brought up for speeding if for example you are doing 21mph in a 20mph zone, due to practicality (faulty speedometers, etc.)

 
It is worth noting however, that this could occur and so acknowledging the recent legislative changes now is in your best interests.

 

Outline of the recent changes

 
As of the 24th April, three main bands of speeding fines exist; namely Band A, Band B and Band C, from the lowest penalty to the highest, respectively. The band which an offender falls within is reflective of their culpability (blameworthiness) and the level of seriousness of the offence. The following are examples of speeding which fall into each band:

 
• Band A – Driving between 21 to 30mph in a 20mph zone, 31 to 40mph in a 40mph zone and 71 to 90mph in a 70mph zone
• Band B – Driving between 31 to 40mph in 20 mph zone, 56 to 65mph in 40 mph zone and up to 100mph in 70 mph zone
• Band C – Driving 41mph and above in 20 mph zone, 51 and above in 30 mph and above 100 in 70 mph zone

 
What this means for motorists

 
Once the band has been determined, the imposition of a fine is then correlative to the relevant weekly income of the offender.

 
Each band has a starting point, applicable to all motorists, which go up in 50% increments between the respective bands:

 
• A fine of 50% of your weekly income could be expected under Band A, as well as 3 points on your licence
• A fine of 100% of your weekly income could be expected under Band B, as well as 4-6 points on your licence or disqualification for 7-28 days
• A fine of 150% of your weekly income could be expected under Band C, as well as 6 points on your licence or disqualification for 7-56 days

 
It is worth mentioning that although these Bands highlight the changes that will be relevant to most motorists, there is also Bands D, E and F which are applicable if an offender is grossly in excess of the speed limit. The same level of increase as highlighted above applies to Bands D-F and disqualification could be in excess of 56 days.

 
Fine bands D-F may be applicable where the community or custodial threshold has been passed, but in the circumstances of the case it is more appropriate to order a fine, the latter being sufficient in satisfying the aims of sentencing.

 
Aggravating and Mitigating Factors

 
Although these starting points within each Band exist, there is a 25% margin of appreciation either way upon reflection of any mitigating (justifying) or aggravating (worsening) factors that can be proven. A non-exhaustive list of these factors is mentioned in the guidelines to the revised Regulation.

 
For instance, aggravating factors may include location (e.g. If near school or high level of pedestrians in vicinity), carrying passengers or a heavy load, or poor road or weather conditions.

 
On the other hand, examples of mitigating factors could be good character of the offender, if a genuine emergency is established, or if the motorist is a first time offender.

Ashworth Motoring Law penalty points, how many points are on your driving licence

Why we do what we do

At Ashworth motoring law we are dedicated to keeping drivers on the road. We believe that no driver’s licence should be placed in jeopardy due to a lack of legal or technical knowledge. That’s why we’re always striving to deliver relevant, current content to keep you up to date with issues that could affect your freedom to drive.

 

We know the devastating impact that a disqualification from driving could have on a person’s life, career and family. It’s from that understanding that we fight to save the driving licences of motorists throughout the Country, to ensure that no person is disqualified where a valid defence or judicial discretion is available.

 

If you have been accused of committing a motoring offence and would like to discuss your case in confidence with a specialist motoring law solicitor call 0330 33 22 770 or email admin@ashworthmotoringlaw.co.uk. Our expert solicitors will listen to the details of your case and let you know instantly if your licence could be saved.

 

Motoring Lawyers open over the bank holiday weekend

The August bank holiday is almost upon us. Whilst we hope that you have a nice, relaxing weekend, our specialist motoring law solicitors will be on call day and night, including bank holiday Monday should you need our assistance.

If, over the August bank holiday weekend you need a…….

Drink Driving Solicitor

Drug Driving Solicitor

Drunk in Charge Solicitor

Failure to Provide a Specimen Solicitor

Totting up Solicitor

New Driver – Licence Revocation

Speeding Solicitor

Careless Driving Solicitor

Dangerous Driving Solicitor

Failure to Stop and Report an Accident Solicitor

Driving with no Insurance Solicitor

Mobile phone offence Solicitor

Guilty Plea and Mitigation Solicitor

….. feel free to call our free motoring law legal advice line on 0330 33 22 770.  Your call will be answered by one of our expert motoring lawyers who will support you, advise you on the law and guide you to the best possible outcome in your case. In most cases, a ban or even conviction can be avoided.

If you want to know whether your case is one of the many that can be defended, or need to speak to a specialist motoring law solicitor about avoiding a driving ban, then call 0330 33 22 770 or email enquiries@ashworthmotoringlaw.co.uk.

Don’t spend the bank holiday weekend with the worry of a motoring offence hanging over you. Call one of our specialist motoring law solicitors today.

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How to find out how many penalty points are on your driving licence

Penalty point 101 – facts and information about the penalty points system:

Penalty points are the endorsements you get on your driving licence as punishment for committing a minor motoring offence. The penalty point system was put in place as a deterrent to motorists in a bid to encourage better behaviour on the roads. However many now argue that the increase of speed, traffic light and bus lane cameras suggests that the penalty point system has become more of a money making scheme for the government rather than about encouraging better behaviour as Parliament originally intended. Whatever the view, the results of falling fowl of the penalty point system can be drastic.

Incur too many penalty points and it could result in licence revocation (for drivers who accumulate six penalty points within their first two years of passing their practical test) or a six month disqualification from driving for more experienced drivers who reach the dreaded twelve point threshold.

Penalty points remain active (for totting up purposes) on your driving licence for three years.  An application to the DVLA can be made after four years to remove them.

For sentencing purposes, when considering whether a person is going to reach the six point threshold (for new drivers) or the 12 month totting up threshold, it’s important to remember to count from the date of the oldest offence within the three year period to the date of the most recent offence. The date of conviction is inconsequential. All too often I come across motorists who ask me to get their hearing adjourned so that the old points will have dropped off their licence by the time the case gets to Court. This really does not work. It wouldn’t matter if the case was adjourned for ten years; the offences themselves would have still been committed within a three year period and the case would therefore proceed to a totting up/revocation hearing.

How to find out how many penalty points are on your driving licence

Ashworth Motoring Law penalty points and how to find out online how many you have

It’s always useful to know how many penalty points you have on your driving licence. Previously, a person’s paper counterpart held details of how many penalty points they had on their driving licence. That all changed in June 2015 when the counterpart driving licence was abolished.

Now, you can obtain an up-to-date snapshot of exactly how many penalty points are on your driving licence by visiting: www.gov.uk/view-driving-licence.  Simply enter your driving licence number, national insurance number and postcode, and the current legal state of your licence will be displayed for you.

You never know, you may need to set that speed limiter or start using the speed camera detection function of your sat-nav once you get your results!

Article written by Expert Motoring Lawyer, Alison Ashworth; Managing Director of Ashworth Motoring Law Ltd.

Alison Ashworth; Expert motoring lawyer and Director of www.ashworthmotoringlaw.co.uk

Ashworth Motoring Law Ltd are specialists in defending all types of driving offences, and are experts in keeping motorists on the road when they face totting up or new driver revocation issues. If you would like expert advice and guidance regarding your case, call our free motoring law helpline on 0330 33 22 770 to speak to a specialist driving offence solicitor. Lines are open round the clock so get in touch whenever’s best for you. We look forward to taking your call.

Free legal advice in totting up cases from the specialist totting up solicitors at Ashworth Motoring Law

 

Another client keeps driving licence thanks to Ashworth Motoring Law – Speeding – 6 month Ban avoided!

Totting up too many penalty points on your driving licence is easy to do, but can be a very difficult situation to get out of. 12 penalty points on a driving licence can be disastrous, spelling a 6 months disqualification from driving.

Our latest client found himself in this situation but was able to keep his driving licence thanks to over a month of legal work on his case.

Mr White was represented by Ashworth Motoring Law Ltd, and was represented in Court by Expert Motoring Law Solicitor, Alison Ashworth.

We are proud and humbled by the testimonial which he has provided:

What our totting up client had to say when he kept his driving licence

Speeding – Ban avoided!

“I would definitely recommend Alison to anyone who has motoring offence issues, she built up a strong case which concluded in the avoidance of a ban on the totting up procedure.

My case was based on the fact that I was about to receive a 3 point penalty which would take me to the automatic 12 point totting up total and a potential 6 month loss of my licence.

Alison built up a strong case based on references from my employer, a customer and a family member and the effect a driving ban would have on all parties – her statement to the magistrates definitely persuaded them that a ban would be severely detrimental and I have therefore retained my licence.

Alison was very professional throughout and I am happy with the result.

When asked what he liked the most about our business, he said “personal service and great attention to detail”

S. White from Rossendale.

We are delighted to have been able to help Mr White to keep his driving licence, and are truly proud and humbled by the kind words in his testimonial.

At Ashworth Motoring Law, our specialist totting up solicitors are experts in building and presenting strong cases to persuade the Court to keep drivers on the road when they tot up too many penalty points on their driving licence.

Preparing a totting up case is no easy feat, and to give the best chance of securing a phenomenal outcome, a significant amount of investigative work is required to prepare the groundwork of a successful argument.

If you are facing too many penalty points on your driving licence and need to avoid a totting up disqualification, call our local rate 24/7 motoring law helpline on 0330 33 22 770. You will speak to a specialist totting up solicitor who can advise you on your case, and give you the best chance of keeping your driving licence.

We look forward to hearing from you.

Free legal advice in totting up cases from the specialist totting up solicitors at Ashworth Motoring Law

 

When Speeding turns into Dangerous Driving

When a person is caught speeding, the usual consequences include:

  1. An invitation to attend a speed awareness course
  2. A fixed penalty of 3 points and a £100 fine
  3. A Court summons to attend a hearing at the Magistrates’ Court and up to 6 penalty points or a ban of up to 56 days and a fine of up to £1000 (or £2500 if speeding on the motorway).

However, where the level of the speed is so excessive, the Crown Prosecution Service could consider laying an additional charge of Dangerous Driving.

Unfortunately there appears to be no uniform approach to what level of speed would provoke the more serious charge of dangerous driving, and sadly, some geographical areas tend to take a different approach to others. I’ve acted on cases where motorists have been ‘lucky’ and avoided the more serious charge and on cases where they have not.

The Dangerous Driving charge can be, and is laid in cases where the only ‘dangerous’ factor is the speed.

There is a common misconception that to be charged with dangerous driving, a person must have performed some type of risky manoeuvre such as overtaking multiple cars on a blind bend or driving on the wrong side of the road. It is a further misconception that there must be some form of consequence from the dangerous driving, such as an accident.  This is simply not the case.

I have acted on a number of previous cases where the only factor which made the person’s driving dangerous was the speed.  This is not difficult to understand when the test for dangerous driving is explored:

The test for dangerous driving is simply: whether the person’s standard of driving fell far below the standard expected of a competent driver, and whether it would be obvious to a competent driver that the person’s manner of driving would be dangerous.

The consequences of a conviction for dangerous driving when speed is the only ‘dangerous’ factor

Unfortunately, regardless of how the driving is deemed dangerous, the basic legal consequences of a dangerous driving conviction remain the same:

  • A mandatory minimum 12 month disqualification from driving;
  • An extended re-test;
  • An unlimited fine;
  • Community service or a prison sentence

The case could be sent to Crown Court if the Magistrates feel their sentencing powers are insufficient for the nature of the offence.

How many people drive at excessive speeds?

Figures released following a recent freedom of information request by BBC Radio 5 Live identified that more than five people per day are caught driving at speeds exceeding 100 miles per hour, with the highest reported speed coming in at 156 miles per hour in a 70 zone.

Whilst these statistics certainly are shocking, they make no mention of the number of motorists who are routinely caught driving at excessive speeds in lower speed limit areas. For example the figures do not cover the number of motorists who are caught driving at 60 miles per hour in a 30 miles per hour zone. Having acted on such cases in the past, I know that these offences, which often take place in built up areas, can be viewed far more harshly in the Courts.

If you’ve been caught driving at an excessive speed and are worried about a dangerous driving charge

Ashworth Motoring Law are specialists in representing drivers who are charged with driving at particularly excessive speeds. No matter how bad your case might seem, we can assure you it’s probably not the worst we’ve seen!

Whether you’re looking for a specialist speeding or dangerous driving solicitor to identify a defence to clear your name, or want to secure the best possible outcome and ultimately avoid a prison sentence, we can help.

Our specialist motoring law solicitors have secured some truly phenomenal results in cases just like yours, and are proud to say that despite the very real likelihood of a custodial sentence in dangerous driving cases, not a single previous client of ours has ever been sent to prison.

Feel free to take a look at our specialist sections on Speeding, Dangerous Driving, or our Guilty Plea and Mitigation Service for more information, or call one of our expert motoring lawyers on 0330 33 22 770 for free initial advice. We look forward to hearing from you.

Article written by Expert Motoring Law Solicitor and Managing Director of Ashworth Motoring Law, Alison Ashworth

Alison Ashworth; Expert motoring lawyer and Director of www.ashworthmotoringlaw.co.uk

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