Successful exceptional hardship appeal to the Crown Court – 6 month disqualification reduced to 16 day disqualification and a clean licenc

Barrister, Millicent Dooher, represented this driver before her appeal to the Crown Court following a 6 month disqualification for ‘totting’ at the Magistrates’ Court. The Driver had served 16 days of a disqualification following the Magistrates’ Court hearing and when the disqualification was suspended pending the appeal.

Millicent was able to persuade the Court that exceptional hardship would have occurred should the disqualification remain. She was also able to persuade the Court to impose a shorter period of disqualification, namely the 16 days that the driver had already served before the suspension had been imposed, meaning the driver did not receive any further period of disqualification and got a clean driving licence.

Under s.35 Road Traffic Offender’s Act 1988, any driver that receives 12 or more penalty points can ask for the Court to consider exceptional hardship. If this is found, the Court can impose either no period of disqualification or a shorter period of disqualification. Following any totting disqualification, a driver’s licence is returned with no penalty points endorsed- it does not matter if this is for 6 months of 1 day!