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In this month’s edition we feature more road traffic issues relevant to the trade supplied by Patterson Law. If you need any advice on motoring matters please email e.patterson@pattersonlaw.co.uk or call 01626 359800 for free legal advice. For regular updates on road traffic law follow us on facebook.com/PattersonLawMotoringSolicitors or twitter.com/Patterson_law_


banned but for how long?


The speed is too high for a speed awareness course or fixed penalty. Each police force has cer- tain guidance within which they can offer things such as courses, but anything above that guid- ance will automatically proceed to the Magistrates’ Court.


A Q


At Court they will consider the Magistrates Association Sentencing Guidelines, which state that for speeds of 101mph and above in a 70mph limit the court must con- sider either six penalty points or a disqualification of be- tween seven and 56 days or longer, if they consider the speed to be “grossly in excess of the limit”.


It is likely for this speed that they will consider that “grossly in excess” so you could be facing a long ban.


When your court summons arrives the first thing to do is to check the evidence and ensure they have enough evi- dence to convict you of speeding. We will look at the type of device they used to record the speed and whether you were properly recorded.


If they do, and you decide to plead guilty, then the next stage would be to mitigate in order to limit the damage. It is not a mandatory disqualification, so the court does have the discretion not to disqualify, or to disqualify for a shorter period, if it thinks fit. So we would concentrate on presenting mitigation; explaining firstly about the of- fence itself and why you were travelling at that speed, and secondly about your personal life, examining how dependant you are on your licence and the effect that a disqualification would have.


Q 100


I have had two seizures in February, both oc- curred on the same day. My doctor notified the DVLA and they have revoked my licence for 12 months. I haven’t had any further seizures and the


doctors haven’t diagnosed me with any medical condi- tion. Is there anything I can do to obtain my licence back earlier?


KNOW YOUR RIGHTS A


The DVLA has strict guidelines in relation to seizures. If there is a one-off seizure, with no other medical concerns, no further occurrences, and no other symptoms, then the DVLA would re-


I have been stopped for travelling at 130mph on the motorway. The roads were completely clear because of the coronavirus and I wasn’t posing a risk to anyone. I know I am probably going to get


voke for six months. However, If the above applies but there is more than one seizure, then the DVLA will revoke the licence for 12 months. This is subject to various qual- ifications with conditions such as epilepsy but none of those would be present in your case. However, as you have advised that both the seizures occurred within 24 hours then the DVLA should have revoked the licence for six months only on the basis that where more than one seizure occurs within 24 hours, this should be treated as one single event. It may well be that when the doctor re- ported it, they failed to distinguish this.


Therefore, we would be able to make representations to the DVLA on the basis that the licence should have been only revoked for six months, making you eligible to reap- ply in August 2020. We would need to obtain your med- ical records in order to provide evidence which shows the dates and times of the seizures, as well as confirmation that there are no other underlying conditions. We would ask the doctor to confirm these points, with your permis- sion. We could also request the DVLA file to ascertain the basis for their decision and then go back to them, re- questing that they review their decision and reduce the revocation. Hopefully this would be successful.


If not, you also have a right of appeal to the Magistrates’ Court within six months of the DVLA’s decision. We can submit the appeal to protect your position whist we liaise with the DVLA – with a view to removing it if the DVLA agree to reduce the period of their own accord.


If the case does go to all the way to the appeal, it requires meticulous preparation of all of the documents including the medical evidence and statements from the doctor. If we were successful, the DVLA would have to reduce the revocation length and we could apply to recover some of your costs.


A Q


I have been a private hire driver for 20 years with no problems, but I have recently been stopped for drink driving. Will I lose my private hire li- cence?


Drink driving is a criminal offence and if con- victed the court will disqualify you from holding or obtaining a driving licence for a minimum pe- riod of 12 months. They can offer you a drink


drive rehabilitation course which will reduce any disqual- ification by one quarter upon completion. Higher read- ings will attract lengthier disqualification periods and could also involve community orders or custodial sen- tences for the most serious offences.


JUNE 2020


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