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.
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.
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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