We represented a client who had been charged with speeding under section 89 of the Road Traffic Regulation Act 1984 and faced a six-month driving ban.
Our client accepted the speeding offence. However, she already had nine penalty points on her driving licence. A further penalty would have taken her to 12 points, making her a “totter” under the law. This would normally result in a six-month driving disqualification.
Under the Road Traffic Offenders Act, a court may only avoid imposing a totting-up ban if it is satisfied that “exceptional hardship” would be caused. In such cases, the court has the discretion not to impose a driving ban.
Preparing an exceptional hardship application
We met with our client ahead of the hearing to fully understand her personal circumstances. We carefully assessed how a driving ban would affect her ability to work and support her family.
Based on this information, we developed a clear and structured application demonstrating why her case was exceptional. We also ensured our client understood the court process, what to expect on the day, and how to respond to questions from the court.
Representations before the court
At the hearing, we made detailed submissions on our client’s behalf. We presented evidence demonstrating the significant impact a driving ban would have on her and her family.
The court carefully considered the representations and accepted that the consequences in this case were exceptional.
Outcome
The Magistrates’ Court found exceptional hardship and exercised its discretion not to impose a driving disqualification. As a result, our client retained her driving licence and was able to continue working and supporting her family.
Exceptional hardship arguments require careful preparation and experienced representation. Early legal advice can significantly improve the chances of achieving the best possible outcome.
Our client was represented by Head of the Crime Department for St Albans and Barnet, Nick De Freitas.
