Dawn McKnight, Partner at Lawton Solicitors, was instructed by a client facing disqualification under the ‘Totting up procedure’. The client had 9 points already on his licence and was summoned to court to receive a further 3 points, meaning he was liable for a minimum of 6 months disqualification from driving.
Having engaged with the client, he advised that he was an HGV driver, and the loss of his licence would mean the loss of his employment and would have a direct impact on his family. Dawn explained that he would need circumstances that would amount to exceptional hardship. If successful, the court would either impose further points allowing him to retain his licence, or they could disqualify him for a lesser period than the 6-month minimum disqualification.
Dawn explained that loss of employment was not in itself exceptional hardship and that the court would only consider reasons that would be deemed ‘exceptional’. The client advised that whilst a disqualification would have an impact upon him, it would also cause exceptional hardship to his father who had Parkinson’s disease and needed to attend regular hospital appointments that the client was responsible for taking him to.
Further, his wife had had a recent back operation, meaning that she was unable to work or drive for 12 weeks and would be unable to take his children to their extracurricular activities, so they would also suffer.
Having obtained witness statements from the client’s employer, parents and wife, together with medical evidence to substantiate matters, Dawn represented the client at Luton Magistrates Court, presenting a legal argument for exceptional hardship. The court found that exceptional hardship was found in the case and imposed a further 3 points for the speeding offence but allowed the client to retain his licence.
Clients trustpilot review-
“I was due in court for ‘totting up’ 12 points on my driving licence and a 6-month ban, I’m an HGV driver and would be devastating to me, I contacted Lawtons and Dawn was excellent in advising me on the exceptional hardship, she was fantastic in delivering this to the court to which I was granted and can now on drive on 12 points. I’m so grateful to Dawn and her knowledge in this field”.
