Exceptional Hardship | Smith Bowyer Clarke

Expert team of Barristers and Solicitors with years of experience in providing advice and representation in Road Transport Law.

Archive: Exceptional Hardship

Exceptional Hardship Granted for Caring Responsibilities to Cousin.

This driver, represented by Millicent Dooher, was facing a 6-month totting disqualification following the accumulation of more than 12 penalty points. The Driver was a professional driver, and so relied on his vehicle for work. The Magistrates’ found exceptional hardship in favour of the Driver, specifically in light of the […]

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Totting Ban Successfully Appealed on “Other Circumstances” Resulting in no Disqualification

Millicent Dooher, barrister, represented this driver at their Crown Court appeal following a 6-month disqualification for totting. The driver did not have strong exceptional hardship, but did have ‘other circumstances’ he felt were sufficient to mean no period of disqualification ought to be imposed. The Court accepted these submissions, granted […]

Exceptional Hardship Comments Off on Totting Ban Successfully Appealed on “Other Circumstances” Resulting in no Disqualification
Driver escapes disqualification following 12 penalty points with successful exceptional hardship application.

Barrister, Millicent Dooher, represented this driver who faced a 6 month disqualification for ‘totting’ before the Magistrates’ Court. Millicent was able to establish that the driver, who worked as a sole trader in the construction industry and provided work to his step-son who was due to start an apprenticeship, would […]

Exceptional Hardship Comments Off on Driver escapes disqualification following 12 penalty points with successful exceptional hardship application.
Driver escapes with 14-day disqualification rather than 6 penalty points

Barrister, Millicent Dooher, represented this Driver before the Magistrates’ Court following a speeding offence. The Driver specifically wanted a disqualification rather than penalty points for the offence due to the impact points would have on him and his work. Millicent was able to convince the Court to deal with the […]

Exceptional Hardship Comments Off on Driver escapes with 14-day disqualification rather than 6 penalty points
Exceptional Hardship Granted Following Mobile Telephone Offence

Barrister, Millicent Dooher, represented this driver following a mobile telephone offence. Any mobile telephone offence carries 6 penalty points. The Driver already had 6 penalty points on his licence. The further penalty points meant he became a ‘totter’. Following submissions by Millicent, the Magistrates accepted that any disqualification would cause […]

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Exceptional Hardship Argument Successful for Motorist Driving with Mobile Phone

This motorist, represented at the Magistrates Court by barrister Harry Bowyer, was caught using his mobile phone whilst driving. He was able to show that his business would have suffered severely which would have affected the residents in his care home and that his disabled son would have been severely […]

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Successful Appeal to the Crown Court for Totter

This driver, represented by Millicent Dooher, had received a totting disqualification of 6 months having received more than 12 penalty points on his licence following a number of speeding offences. A suspension of the disqualification was obtained by Millicent in the first instance, so the client could continue to drive […]

Exceptional Hardship Comments Off on Successful Appeal to the Crown Court for Totter
Successful Exceptional Hardship Argument After Two Cases Tied Together

Laura Newton represented a driver who had been called to Court facing a totting up ban due to excess points on his Licence. We had initially been required to tie two cases in different traffic areas together, to give the driver an effective opportunity to present exceptional hardship. If the […]

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Exceptional Hardship Argument Saves Licence

Laura Newton attended at the Magistrates’ Court in Derby to represent a driver facing a totting up disqualification for reaching 12 points. In preparing the case, we were able to gather evidence to present to the Court to show that a 6 month disqualification would cause exceptional hardship for him […]

Exceptional Hardship Comments Off on Exceptional Hardship Argument Saves Licence
Business Owner Avoids Disqualification through Successful Exceptional Hardship Argument

Laura Newton acted for a driver before Harrogate Magistrates’ Court. The business owner was facing a totting up disqualification for excessive penalty points. Evidence was presented to the Court regarding the wider impact of the disqualification on the driver’s ability to run her business and care for her daughter as […]

Exceptional Hardship Comments Off on Business Owner Avoids Disqualification through Successful Exceptional Hardship Argument

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