Situation
Our client approached us having attended at the Magistrates’ Court alone and presented an exceptional hardship argument unrepresented. Unfortunately, their licence was endorsed with the three penalty points, taking them to 12 points in a three-year period. Subsequently, they were given a six-month disqualification under the totting up provisions.
Action Taken
We immediately lodged an application at the Court to suspend the driving disqualification until the appeal had been concluded so our client was back on the road. We then submitted evidence in support of our client’s argument before we attended at the Crown Court to present exceptional hardship.
Outcome
The Judge and Magistrates found exceptional hardship on the basis the client had already suffered a period of disqualification prior to instructing solicitors and had concluded this disqualification has already been served. This had the effect of wiping the points clean, and they can now obtain a new copy of their licence and return to the roads.
A Defence Costs Order was subsequently lodged at the Court and our client was able to recover a portion of their legal costs back too.
Conclusion
This case study highlights the importance of engaging specialist legal representation at an early stage in proceedings in order to avoid being summonsed to the Crown Court for an appeal.
It is important that you get legal advice as soon as possible. Our specialist motoring offences solicitors will offer their expert advice and if necessary, represent you in court.
Contact us on 0115 910 6239 or email info@keepmeontheroad.co.uk.