First of all, have you been offered a Seed Awareness Course for any of these, or have you done one in the last three years? If not, what were the speeds and limits for your recent offences? The answer to those may affect what I have written below.
If there are no complications from the above questions, when you receive the paperwork for the third offence, a fixed penalty should not be among the options. (If it is, you will see it is a "Conditional" offer and one of the conditions is that you do not have more than eight points on your licence, so you will not be able to accept it). You will have the choice of having the matter heard by a "Single Justice" (SJ) sitting alone or opting for a court appearance. It makes no difference because if you do opt for the SJ, he or she will adjourn the matter for a full court hearing which you will be invited to attend. As you know when you reach twelve points the court will disqualify you for a minimum of six months, unless you can prove that "Exceptional Hardship" (EH) will be visited on either you or others. A couple of years ago, because it was thought that some courts were accepting EH arguments too readily, Magistrates were officially reminded that when considering such an argument, the hardship has to be "Exceptional." Losing your job will not normally qualify as exceptional as anybody who needs either to driver to do their work or to get to it would suffer similarly. Hare's the Magistrates' guidance on the matter:
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 [which means given under oath or affirmation]
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
You need to prepare yourself to present an EH argument. You need to explain the difficulties you or others will face and also explain why no alternatives to you driving are available. If you want to, post on here what you intend to cover and I'll give you my view on it. You have plenty of time. The police have six months from the date of the offence to begin court action and in most areas they take all of that.
As an aside (which may mean a further complication) did you pass a driving test for the first time less than two years ago?
PS - I've just noticed this:
You may be able to argue/reason it down to doing some driver training in a court hearing,
You will not have the option to do this. Courts have no power to order driver training in the place of fines and/or points.
Edited by Middleman on 06/10/2021 at 12:41
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