Examination Timing: 00H02M27S
Your firm represents Julia Johnson, who has received a postal requisition for a speeding offence that occurred on 1 March 2023. It is alleged that she drove at 34mph through a village with a speed limit of 30mph. Julia intends to plead guilty when she attends court on 8 May 2023. Julia's driving licence shows previous endorsements for speeding on 1 April 2020, 10 February 2021, and 30 November 2022, each resulting in 3 penalty points.
Given this information, which ONE OR MORE of the following would represent the BEST ADVICE to give Julia about what is likely to happen when she attends court in answer to her summons?
Options:
I. Julia is likely to receive a discretionary disqualification for this offence.
II. Julia is likely to receive an obligatory endorsement of 3 penalty points for this offence.
III. Julia is likely to face a financial penalty for this offence.
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Your selected option: A
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Although a sentence of discretionary disqualification is possible for a speeding offence, it is unlikely in this case as Julia was only driving 4 mph over the speed limit. Hence, neither Option A nor C would be correct. Given that Julia already has 9 penalty points on her driving licence and will receive at least a further 3 obligatory penalty points for the present offence, she will be eligible for disqualification under the penalty points scheme. The offence of speeding is also very likely to attract a financial penalty. Therefore, Option D is not correct and Option B is the correct advice.
Key Point: The penalty points system in England operates such that accumulating 12 or more points within a three-year period results in disqualification. Advising clients on potential disqualification and financial penalties is crucial for understanding the implications of repeated traffic offences.
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