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Driver avoids disqualification after driving 77mph in 30mph speed limit!
Principal Solicitor, Neil Davies, has again secured a very exceptional result for a motorist travelling significantly in excess of the speed limit.
Our client appeared before Trafford Magistrates Court, charged with driving at 77mph in excess of the 30mph speed limit in force. At this speed, the Magistrates Courts Sentencing Guidelines provide that motorists driving at a speed of between 51 and 60mph should be disqualified from driving for 7-56 days ) with the possibility of 6 penalty points, but with a strong emphasis on disqualification.
In court the District Judge confirmed that this was an offence which was “off the scale” in terms of the sentencing guidelines and that any disqualification should be far in excess of 56 days.
In these circumstances Mr Davies, did not accept the invevitability of a lengthy period of disqualification and made submissions that the endorsement of 6 penalty points would in fact act as a longer term deterrent to his client as these points would remain on his licence for 3 years, in contrast with any period of disqualification which would leave no lasting deterrent once the period of disqualifcation was served. He further submitted that dealing with the case in this way would avoid our client from losing his employment, which relied on his ability to drive.
Following some deliberation the District Judge agreed and dealt with the case by way of a fine (£180) and 6 penalty points.
This case is one in a long line of cases in which Neil Davies, has been able to avoid disqualification on behalf of clients who were caught driving significantly above the speed limit, including avoiding disqualification of a driver travelling at 113mph on a dual carriageway. These cases affirm that there is no such thing as a lost cause or the inevitably of disqualifciation.
If this article raises issues which affect you, please feel free to contact us for a free consultation.
Neil Davies, Principal Solicitor
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