Case Study: Exceptional Hardship/Speeding Successful!

This Case Took Place at Leeds Magistrates

To keep our client’s identity confidential, they will be referred to as ‘Casey’’ for this case study.

Casey instructed us after she received a notice of intended disqualification under totting up procedures, after being charged with speeding on four separate occasions. Casey’s actions were contrary to Section 81 (1) of The Road Traffic Regulation Act 1984 and Schedule 2 of The Road Traffic Offenders Act 1988.

Casey advised us that as she is employed as a paediatrician on a locum (agency) basis, she would be unable to retain her employment, should she be disqualified from driving. We advised Casey that as her combined offences would total 12 penalty points, we would need to run a case of exceptional hardship, which if accepted would allow her to retain her licence in spite of her exceeding the 12-penalty point limit.

We began preparing for Casey hearing by taking detailed mitigation, so we could determine which factors were most relevant and would be beneficial to use as part of her exceptional hardship argument. It’s important when preparing a case of exceptional hardship, you demonstrate to the court that the hardship faced by the Defendant and those around him/her would be exceptional. 

The main areas of mitigation we focused on in this case were:

  • The loss of her employment as an essential worker in an ICU unit at various hospitals, which due to the current understaffing in the NHS is even more prevalent.
  • The financial impact the loss of her job would have on her family. For example, they would be unable to fulfil essential bills such as the mortgage without her salary contributions.
  • Casey supports her family members financially who reside in a different country and without this assistance they would face financial hardship.
  • The family’s nanny would also lose her employment, should Casey lose her job and be unable to pay her salary.
  • The effect on her patients, whom she would no longer be able to care for
  • The effect on the NHS who are already struggling to maintain a steady amount of staff

Casey’s mitigation demonstrated not only would she face exceptional hardship, but various family members and the Nanny would also be placed in to exceptional hardship as a result. To further strengthen Casey’s exceptional hardship argument, we also obtained supporting statements from the above individuals to further reiterate this to the court.

At Casey’s hearing the barrister presented her case, which the court accepted and granted exceptional hardship. Should Casey need to run exceptional hardship again she will not be able to do so with the same reasons (as above) for three years.

Should you find yourself at risk of disqualification under totting up procedures, please call one of our motoring experts on 0330 912 2124 for free initial advice.

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