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COVID-19 UPDATE: We would like to reassure people that Kang & Co Solicitors is fully operational during the current international health crisis.
Case meetings after being appointed will be conducted via either a phone or video conference to comply with government instructions.

Exceptional Hardship: Successful Application

Our Case Study

Nature of the Offence

Mr Machin had 9 active penalty points on his driving licence and received a Notice of Intended Prosecution (NIP) for an offence of speeding.

The speeding offence related to driving at 39 mph on a road restricted to 30 mph. He accepted that he was speeding however, pleading guilty to this offence would result in a further 3 penalty points being added to his licence, taking his total to 12 penalty points, resulting in a penalty points driving (totting-up ban) disqualification of at least 6 months.

Where the Offence Occurred

The offence occurred on the Hagley Road in Birmingham and Mr Machin was called to appear before Birmingham Magistrates’ Court for a driving disqualification.

Exceptional Hardship

When establishing if exceptional hardship exists, the Court will take into consideration the effects of a disqualification on other people. These third parties are innocent of any offence or wrongdoing and would be punished if the driver were to be disqualified from driving.

The Outcome

At the Court Hearing, we argued exceptional hardship on behalf of our client, highlighting the impact a driving ban would have on his family, business and employees. The Magistrates’ considered the merits of the application we had advanced on behalf of Mr Machin and accepted that exceptional hardship was present.

This resulted in the 3 penalty points for the speeding offence still being endorsed onto his driving licence (taking the total to 12 points) however, Mr Machin was not banned from driving due to the successful exceptional hardship argument we had presented to the Court on his behalf.

Names have been altered for client confidentiality reasons

Useful Articles

What is Exceptional Hardship?

What is Exceptional Hardship?

Exceptional Hardship is an application which is put before the Magistrates’ Court to avoid a driving ban due to accumulating 12 or more penalty points on a driving licence within a 3-year period. If successful, the Court has the discretion not to impose a ban at all...

Should I get a Solicitor for Speeding?

Should I get a Solicitor for Speeding?

The question ‘Should I get a Solicitor for Speeding?’ is a common question many motorists will ask themselves if they have recently been stopped by the Police or have received a Notice of Intended Prosecution (NIP) in the post. The short answer is that it will depend...

 

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Accreditations, Partnerships and Press

Our Competitively Priced Agreed Fees for Motoring Offences start from £1,000 + VAT

Our Competitively Priced Agreed Fees for Criminal Offence cases start from £1,500 + VAT

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An exceedingly competent, professional and dedicated practice lead from the front by Manjinder Kang.

In my experience, it is often very difficult to find a professional organisation that truly delivers on their promise of expertise, quality of service, compassion and dedication to their client.

I would not hesitate in recommending Kang & Co Solicitors.  Mr. C Pilkington

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Amazing service overall. I was impressed with how fast I had responses from emails with any queries or questions.

On the day of my meeting with Kang & Co all options were made very clear and the advice I was given provided the result I wanted!

I highly recommend Kang & Co.

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Kang & Co Solicitors is a truly specialist high-end law firm providing legal advice and representation for all matters involving Criminal Law, Driving Offences, Transport Law, Pace Interviews, Regulatory Law and Licensing Law.

Our head office is located at 1 Victoria Square in Birmingham City Centre and we offer our services throughout England and Wales on a private fee-paying basis. We also have an office at 5 Chancery Lane in London and another office in central Milton Keynes. We are frequently instructed by individuals and businesses nationwide.

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Birmingham Office

1 Victoria Square
Birmingham
West Midlands
B1 1BD

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London Office

5 Chancery Lane
Holborn
London
WC2A 1LG

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Exchange House
494 Midsummer Boulevard
Milton Keynes
MK9 2EA

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