Establishing exceptional hardship saves another driving licence
Blake Morgan's Driver Defence team was consulted by H who was facing prosecution for a speeding offence. The proceedings were brought by Hampshire Constabulary and the case was heard at Aldershot Magistrates' Court.
H pleaded guilty to the count of speeding. H had contravened a 30 mile per hour speed limit by driving his motor car at 39 miles per hour. H already had 9 penalty points on his driving licence which related to three separate speeding incidents which had occurred within the previous three years. H was, accordingly, liable to a minimum period of disqualification of six months under the 'totting up' procedure.
At the sentencing hearing H was represented by Barry Culshaw, a consultant and road traffic specialist with the Driver Defence team. The sentencing justices having heard evidence from H decided that H should not be disqualified from driving as to do so would cause exceptional hardship in that H would lose his employment and be unable to pay maintenance to his two former wives in terms of child support. The justices endorsed H's driving record with a further three penalty points and imposed a fine in keeping with H's means.
H commented after the hearing:
"I was in a precarious position - I had totted up over 9 points and need my licence for work pretty much every day. Barry was calm and efficient - taking me through all scenarios before starting work on my defence. On the day in court he was a reassuring presence before we were called despite some bad news regarding some evidence. As the hearing started Barry was in his element - knowledgeable about the law, directing the magistrates and laying out their options. The verdict was just what I needed - no disqualification - and I could never have achieved that result without Barry's representation".
This demonstrates how important it is for motorists facing disqualification to obtain specialist legal representation.