Driver Escapes Disqualification after ‘Totting’ to 12 Penalty Points Due to Financial Consequences a disqualification would have | Smith Bowyer Clarke

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Driver Escapes Disqualification after ‘Totting’ to 12 Penalty Points Due to Financial Consequences a disqualification would have

Barrister, Millicent Dooher, represented this driver before the Magistrates’ Court following his accrual of 12 penalty points for 4 speeding offences within 3 years. The Driver was relying on the fact that he would lose his job if he were to be disqualified, and this would lead to him defaulting on the mortgage for the property he and his girlfriend resided. It was also of importance that this was a new mortgage for a first time buyer.

The Court was persuaded that this would amount to exceptional hardship, and the driver received no period of disqualification.

It is accepted by the Courts that loss of job alone is not enough for an exceptional hardship application to be successful, there must be something more. It may be that this is directly related to the loss of employment. Get in touch with one of our lawyers today to see if you have an exceptional hardship argument that may mean you do not suffer the mandatory 6-month disqualification for totting.

Case Details

Case Name: Driver Escapes Disqualification after ‘Totting’ to 12 Penalty Points Due to Financial Consequences a disqualification would have
Case Date: January 2025
Case Type (info): Magistrates' Court

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