Totting Bans Case Studies

Over the years I have represented very many drivers facing a six-month penalty points disqualification. These are just a few examples of how the courts have dealt with some of my clients.

In 2017 I successfully represented Mr R who committed a fourth speeding offence right at the end of the relevant three-year period. The court accepted representations from me that in his circumstances it was appropriate to give him a short discretionary disqualification (in his case 14 days) rather than penalty points and he thereby avoided a six-month disqualification.

2018 I represented Mrs C who had committed a fourth speeding offence. She already had nine penalty points on her licence for three previous offences. She was the proprietor of a recruitment business and her employees depended upon her ability to travel every day to deal with clients. The court accepted that if she was disqualified for six months her business was at risk which in turn jeopardised the jobs of staff. The court found “exceptional hardship” in relation to staff and she was not disqualified.

In 2017 I represented Mr W, a self-employed window cleaner. He was his family’s sole source of income and they depended on him to pay the mortgage on the home. He owned and used specialised window cleaning equipment to clean office block windows in central London and left home early every morning to collect employees along the way. The court accepted evidence that a six-month disqualification would put his family’s security at risk through loss of the home. Exceptional hardship was found and he was not disqualified.

In 2016 I represented Mr J who had been disqualified for six months by a magistrates’ court which refused to find exceptional hardship. I represented him on his appeal to the Crown Court. He had not been represented in the magistrates court and when his evidence was properly presented to the Crown Court, exceptional hardship was found and the disqualification was removed.

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