Summary
Our client was had received a six-month driving disqualification which was erroneously imposed by the Court. The Court had miscalculated the number of points on our client’s licence, thus assuming he was liable for a disqualification when this was not the case. After contacting Lawtons, our team were able to deal with the case in a prompt and timely manner, and his disqualification was rescinded within four hours of us contacting the Court.
Incorrect Driving Disqualification
Our client was referred to Lawtons by a national Accountancy Firm after having received a six-month driving disqualification under the Single Justice Procedure. This procedure is used for minor offences and means that our client’s matter was decided by a Magistrate outside of a formal court hearing.
The disqualification was imposed as a ‘totting up’ disqualification, which is when 12 penalty points are accumulated on a driving licence within a three-year period. The error occurred as the Court had mis-calculated the number of points accumulated on our client’s licence.
As our client had failed to attend a speed awareness course, which he had agreed to attend, additional points were added to his licence. However, pre-existing points were simultaneously removed after the expiration of a three-year period, meaning that he had not exceeded 12 points, which is the trigger for a totting disqualification.
Appeal to the Court
Managing Partner Stephen Halloran took on our client’s matter on a privately funded basis, where he quickly recognised the error in the calculation and that the relevant points on our client’s licence were in fact 9 penalty points. As such, he wasn’t liable to the 6-month disqualification he received.
We contacted the Court to appeal our client’s matter, and the Court immediately recognised the error and had the case listed urgently to rectify it. Once we applied to re-open the case, his disqualification was rescinded within four hours of our contact with the Court. In addition, we persuaded the Court to deal with the matter by means of a fixed penalty notice, which significantly reduced the financial penalties imposed.
Concerns with the Single Justice Notice Procedure
Issues with the Single Justice Notice procedure are frequently reported. Our usual approach is to assess whether a formal in-person hearing is needed – each case depends on the merits and requires considered advice.
When matters are dealt with outside of Court, the lack of time afforded to cases means that errors, such as this one, are common place. An overall lack of scrutiny means that the fairness of the procedure is debatable.
This case highlights our ability to deliver speedy service in a considered manner. Due to the experienced team we boast at Lawtons, we were able to discuss the details of this case internally to ensure that the considered advice we provided to our client was based on a substantial level of experience.
Looking for a specialist defence solicitor?
At Lawtons, we have the cumulative experience to provide the bespoke service your case demands, and this is supported by our knowledgeable and experienced team. If you believe you have received an erroneous driving disqualification or if you are facing a similar issue, it is vital to get in touch with a specialist defence solicitor as soon as possible. If you need legal advice, please do not hesitate – contact a member of our specialist team today.
