News

Exceptional hardship on fifteen penalty points

Our client had nine current penalty points on their licence. They pleaded guilty to two offences of speeding both of which were committed in the course of important work, in pressing circumstances. Both offences were in the lowest category - between 1-10 mph above the speed limit of 20 mph - and they each carried 3 penalty points. This meant our client had accumulated 15 points on their licence.

The mandatory minimum penalty for 12 penalty points is a six-month disqualification. In this case the disqualification could have been longer than 6 months due to our client being on 15 points.

Evidence was called regarding the special nature and importance of our client's work, the likely impact of a disqualification on his clients and colleagues, and the impossibility of making alternative arrangements.

The court accepted that the impact of any disqualification on their work, their clients and their colleagues would constitute exceptional hardship. In the circumstances the court agreed not to disqualify our client from driving.

The court imposed a substantial fine and reminded our client that they would not be able to put forward the same argument of exceptional hardship again within the next three years.

Note: exceptional hardship is not just a major inconvenience or financial hardship - for it to be exceptional, there has to be a very significant impact, usually on other people.