Court finds exceptional hardship in driving ban case

Posted by Tim Williamson on

Case

Tim Williamson was instructed by J, who was at risk of being banned from driving for 6 months under the 'totting up' procedure. J already had 6 points on his licence when he was stopped by police in Hampshire whilst driving on the M3 motorway.

As a result of the high speed he was summonsed to Aldershot Magistrates Court where the Court could have disqualified him for driving for the offence itself or given him 6 penalty points – which would have meant a possible 6-month driving ban under the 'totting up' procedure.

The client had driven through roadworks on the M3 without incident and had turned off on to the A303 only to find that a further speed restriction was in place because bridge works were taking place nearby. The client had thought that all of the roadworks and speed restrictions had come to an end.

As a result of the high speed he was summonsed to Aldershot Magistrates Court where the Court could have disqualified him for driving for the offence itself or given him 6 penalty points – which would have meant a possible 6-month driving ban under the 'totting up' procedure.

How our specialist solicitors helped

Tim advised and represented the client in the preparation of his case, which was that a 6-month driving ban would cause "exceptional hardship". The client was extremely worried that as a self-employed person he would not be able to continue to run his business if he was banned from driving for 6 months.

The client was clear that he needed a driving licence to visit properties all over the country in connection with his work. He was also worried that he would not be able to use public transport because of the remote location where he lived.

He also devoted much of his time to caring for his elderly mother, who had frequent medical appointments and benefited greatly from travelling to see family in different parts of the country. The client relied on his driving licence and other people relied on him.

Outcome

The Magistrates made clear that they considered the speed to be very high and that the correct approach was to consider whether the client ought to be banned for 6 months under the 'totting up' procedure.

Having heard evidence from J about the impact of a 6-month driving ban on him, and others the Magistrates agreed that a 6-month driving ban would cause "exceptional hardship" and to his great relief, the client was able to drive away from court with his licence intact.

It is not easy to evidence "exceptional hardship" and for good reason. It is important to obtain specialist advice at an early time and prepare properly considering every aspect of the case.

About the Author

Tim is a leading Criminal and Regulatory lawyer, who defends businesses and individuals under investigation by the police and regulatory bodies and when accused of criminal offences.

Tim Williamson
Email Tim
023 8085 7372

View Profile