Exceptional Hardship | Smith Bowyer Clarke - Part 2

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

Archive: Exceptional Hardship

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 […]

Exceptional Hardship Comments Off on Exceptional Hardship Argument Successful for Motorist Driving with Mobile Phone
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 […]

Exceptional Hardship Comments Off on Successful Exceptional Hardship Argument After Two Cases Tied Together
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
Exceptional Hardship Application Granted for Driver who Accrued 37 Penalty Points.

Millicent Dooher, barrister, represented this driver before the Magistrates Court following a number of speeding offences. Ultimately the Magistrates imposed penalty points on the driver’s licence, totalling 37 penalty points. An application for exceptional hardship was put before the Magistrates, with the request for a short ban, rather than the […]

Exceptional Hardship Comments Off on Exceptional Hardship Application Granted for Driver who Accrued 37 Penalty Points.
Professional Driver Retains Licence Despite Being a Totter

This driver was represented by Helen Newbold in the Magistrates’ court where he was facing a disqualification of his licence after pleading guilty to a speeding offence.  With 9 points on his licence at the time of the offence this driver faced automatic disqualification under the totting rules for accumulating […]

Exceptional Hardship Comments Off on Professional Driver Retains Licence Despite Being a Totter
Driver with 14 Penalty Points Avoids Disqualification

This driver, who at the time of the last offence had 9 penalty points endorsed upon his licence, was before the Court for a further driving offence, carrying a mandatory 4-6 penalty points or 7–28 day disqualification. This driver was represented at the Magistrates Court by barrister, Millicent Dooher. The […]

Exceptional Hardship Comments Off on Driver with 14 Penalty Points Avoids Disqualification
Totter with 12 Penalty Points Avoids Disqualification with Exceptional Hardship Application

Millicent Dooher, barrister, represented this driver at an exceptional hardship hearing before the Magistrates. This driver had accrued 12 penalty points following 4 speeding offences and risked being a ‘totter’ with a mandatory 6 month disqualification. Millicent was able to persuade the Magistrates to find exceptional hardship in this instance […]

Exceptional Hardship Comments Off on Totter with 12 Penalty Points Avoids Disqualification with Exceptional Hardship Application
Exceptional Hardship Found for Driver with 18 penalty points.

This driver, represented by barrister, Millicent Dooher, was summoned before the Magistrates’ Court following 6 speeding offences, and as such risked becoming a ‘totter’. Millicent successfully put forwards an argument of exceptional hardship, meaning the Driver was not disqualified at all, despite a total of 18 penalty points being endorsed […]

Exceptional Hardship Comments Off on Exceptional Hardship Found for Driver with 18 penalty points.

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