Establishing exceptional hardship saves another driving licence

Posted by Barry Culshaw on
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.

About the Author

Barry Specialises in road transport law within our Driver Defence team. He represents clients facing allegations of careless/dangerous driving, driving with excess alcohol and speeding.

Barry Culshaw
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023 8085 7209

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