Through an admin error at the DVLA I currently have 12 points but have not been disqualified for totting up. However I have been stopped for speeding a few miles over the limit and the police also told me that my licence has been revoked as I had been driving on it for 2 years in England. What are my options?
You face a new allegation of speeding that will attract 3 points and allegations of driving without insurance and licence as you failed to transfer your Isle of Man licence within the requisite 12 month period. In terms of the licence offence, I do not beleive that you would have a defence in law.
In terms of the driving without insurance offence, you may have a defence. You will need to check the terms of your insurance policy. If on consideration of the Insurance Certificate, you were entitled to drive on the basis that you “held a licence to drive the vehicle or have held such a licence and are not disqualified from holding or obtaining such a licence” then you would have a defence.
You would in any event fall for consideration of a 6 month totting disqualification from driving. A ban in those circumstances can be avoided if the Magistrates were to accept that losing your licence would cause exceptional hardship to you or those around you. It is for the defence to raise such an argument on the balance of probabilities.
The key element here is to corroborate anything that we assert, as the CPS will have the opportunity to question you on what we have asserted. Unless we raise a watertight argument, the CPS will seek to suggest to the court that the difficulties a ban would cause are surmountable. The Court’s accept that all drivers who receive a disqualification are caused some “hardship”. A driving ban often causes inconvenience and makes ordinary tasks a logistical minefield. However, to be successful, we have to show something more than that - it has to be “exceptional hardship” and we have to demonstrate that there are no measures that could be put in place that would mitigate that hardship.
Experience has taught me that the Magistrates are impressed if you can support what you are saying with for example diaries/schedules that demonstrate the frequency and location of the journeys that you maintain require you to have a driving licence and with supporting letters from other parties involved who can corroborate what you say. Just think of it in terms of this - the court won’t just take your word for it that exceptional hardship will be caused. We need to make it absolutely clear and compelling.
In your case, if you can demonstrate with supporting documentation that you would lose your employment without a licence and that you could provide for yourself and pay your rent and bills because of that, then there would be merit in making the argument. Also, if you could demonstrate with reference to your financial situation that you would lose your home due to a culmination of debt and arrears if you couldn’t now take on the extra work that a licence would allow, then again you would have an argument.
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