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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

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

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An Excellent Service, Mr. Kang is a highly sought solicitor. Very knowledgeable about the subject to hand and extremely confident with the advice given to me at the time of a stressful situation.

I would recommend Kang and Co Solicitors above any other company I’ve spoken too.

Above all I got the outcome I desired based upon Mr. Kang expertise.​

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Very clearly explained the process, took his time over getting a very clear and accurate history of events and mitigation. Barrister on the day was well prepared, went over key mitigation and presented it well in court, an excellent advocate. Barrister clearly explained possible outcomes and most realistic outcome.

Excellent service from initial contact to finishing the court case. Would recommend to anyone.

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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
West Midlands
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London Office

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London
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Milton Keynes
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