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

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.
Successful Exceptional Hardship application for HGV driver

Following a speeding offence in an HGV, this Driver faced being a ‘totter’ with 12 penalty points on his driving licence and a 6-month driving disqualification. The Driver was represented at the Magistrates’ Court by barrister Millicent Dooher, who was able to convince the Magistrates to impose a short ban […]

Exceptional Hardship Comments Off on Successful Exceptional Hardship application for HGV driver
Another Driver Avoids Disqualification for Totting after Successful Exceptional Hardship Argument

Barrister Helen Newbold represented this driver who was facing two speeding offences whilst already having 6 points on her licence for an offence with a mobile phone; the potential sentence was a 6-month disqualification for “totting”. Having mitigated on the offences themselves Helen Newbold then successfully made an application for […]

Exceptional Hardship Comments Off on Another Driver Avoids Disqualification for Totting after Successful Exceptional Hardship Argument
Another Exceptional Hardship Success – Driver Avoids 6 Month Ban

Our barrister represented a driver facing a 6 month totting up disqualification, which was due to be imposed for reach 12 penalty points on his Licence. The speeding offence was dealt with a Nottingham Magistrates’ Court and our motoring lawyer Millicent Dooher presented the driver’s circumstances including the fact that […]

Exceptional Hardship Comments Off on Another Exceptional Hardship Success – Driver Avoids 6 Month Ban
Driver With 24 Points Avoids Disqualification

Our motoring solicitor Laura Newton represented a driver before Nottingham Magistrates’ Court who faced sentence for a number of driving offences. He already had 9 points endorsed on his licence and had been prosecuted for further speeding offences and red light offences. The cases had been linked to be dealt […]

Exceptional Hardship Comments Off on Driver With 24 Points Avoids Disqualification
Exceptional Hardship – Totter Keeps Licence

Following a speeding offence and an offence of no insurance, this driver was faced with being a ‘totter’ with 12 penalty points to be endorsed on his licence. Following an application for exceptional hardship by barrister Millicent Dooher, this driver was able to avoid any period of disqualification.

Exceptional Hardship Comments Off on Exceptional Hardship – Totter Keeps Licence
Exceptional Hardship – LGV Driver Escapes Disqualification.

This driver was represented by Barrister Millicent Dooher. The driver was in possession of 9 penalty points on his driving licence and was facing an additional 3 points and a disqualification for being a ‘totter’ with 12 penalty points. As this driver was a professional driver of LGVs it was […]

Exceptional Hardship Comments Off on Exceptional Hardship – LGV Driver Escapes Disqualification.

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