If you have been caught speeding you may be worried about losing your driving licence. However, a speeding lawyer can potentially save your licence by using British motoring law to your advantage.
Read on for more information about how your licence could be saved.
In some driving cases, offences are committed that are not the driver’s fault. This is because they tend to stem from what a lawyer may call a “Strict liability offence”.
What this means is that you are likely to be found guilty regardless of whether you committed the motoring offence. As far as your road traffic offence might be concerned it’s difficult for a defence to be found.
This is the case even when you may not be at fault. It may also be the case even if your excuse for dangerous driving (Or a number of speeding offences) is very good.
The good news is that the law does allow for a “Special reasons” argument to be given. This means there is the potential for you to keep your driving licence in a case where you may otherwise lose it.
A special reasons argument can apply to driving offences where there is a risk that you may lose your licence. It can also apply to offences where there’s a risk of penalty points being added to it.
An exceptional hardship argument consists of a court taking a look at the circumstances that surround your case and your dependents. The court will then decide if penalty points should be added to your licence.
This could occur where you may face a driving ban for having 12 or more point on your licence. Special reasons relate to the actual offence rather than the individual who committed the offence.
If it’s thought that you have broken the law solicitors may try to use a special reasons argument. However, in order to do so the following criteria must be met:
• The reasons must not amount to a defence
• Your reasons must be those which the court can take into account when they make a decision as to what sentence they should pass
• The reasons must relate to the commission of the offence rather than the offender
• There must be mitigating circumstances which lessen the offences severity
When a lawyer uses a special reasons argument they are telling the court you’re guilty of the offence. The offence could be driving without insurance, drink driving, using a mobile phone or breaking the speed limit.
However, the lawyer will argue that there are special reasons that mean you should not receive punishment or the normal punishment.
If the court chooses to accept the argument it can:
• Impose penalty points on your licence rather than giving you a driving ban
• Impose no points in cases when the normal punishment would be points being added to your licence
New drivers need to ensure they are always careful when they’re driving. If a new driver were to receive 6 or more points on their licence within the first 2 years of driving their licence will be revoked.
In a case such as this, the hardship argument cannot be used, rather, the only option is to use a special reasons argument. If a new driver is found to have no insurance they could face getting 6 fixed penalty points added to their licence.
What this ultimately means is that the new driver may lose their licence unless their lawyer can show that special reasons apply. A special reasons argument can be difficult to put to the court in a legal and factual sense.
This is because the lawyer needs to have experience in using arguments that are more than likely to work in such circumstances. This is why you should always try to seek legal advice and representation.
Legal advice could result in fewer points being added or you being saved from a driving ban.
Dear BTST Member/TALEX Owner,
Well, I would say “no”, it’s not really good value but rather incredible value.
That’s an easy thing to just say, so let me show you why I’m so convinced about that here…
Let’s assume the total cost to find, recruit and use a specialist road traffic lawyer is £2500.
It could be a little less for a less proven Lawyer, or significantly more for a well proven one – see the many celebrity price estimates in the press over the years as examples!
If you’re under 65*, you’d have to be a Member of DriveProtect for 143 Months (11.9 years) without using the service for it to be more cost effective to go to a specialist Traffic Solicitor direct*
If you’re over 65*, you’d have to be a Member of DriveProtect for 200 Months (16.6 years) without using it for it to be more cost effective to go to a specialist Traffic Solicitor direct!**
* This doesn’t factor in the 2019 Membership Drive discount, which makes the times even longer.
** In case you’re wondering, the extra discount if you’re over 65 is because statistically over 65’s do less miles and so get less speeding tickets.
And that doesn’t factor in the peace of mind you have during the time that you’re a Member, knowing that help is there when you need it.
…It also doesn’t factor in the vetting process we’ve gone through to find Lawyers who are effective and have a high success rate.
I don’t know about you, but I think that this makes DriveProtect Membership incredible value if you value you’re driving licence – wouldn’t you agree?
This month (February) we are running a Membership Driver to encourage more BTST Members to become a Member of DriveProtect.
During the Membership Drive, BTST Members can join with no joining fee if you don’t have an outstanding speeding ticket, or half price if you do!