Case Study – Multiple Speeding/Totting Up – Exceptional Hardship Found!

This Case Took Place at Romford Magistrates Court

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

Jamie instructed us after being charged with two counts of speeding, contrary to Section 89 of The Road Traffic Act 1988. As Jamie currently has twelve points endorsed on his licence he was at a very high risk of being disqualified under totting up procedures.

We advised Jamie that he would need to present exceptional hardship to the court, to request they allow him to retain his licence even though he was exceeding the 12-point penalty limit. Without doing so Jamie would be disqualified for a minimum of six months. Jamie had not previously presented exceptional hardship and therefore was able to put forward all of his mitigation as exceptional hardship. It’s important with exceptional hardship that we demonstrate the hardship faced to be ‘exceptional’, in order for argument to be successful. 

After discussing Jamie’s mitigation and personal circumstances with him, and agreed to focus primarily on 

  • His employment: which he would lose should he be disqualified from driving.
  • The hardship he would face without an income as an individual living alone, in the cost of living crisis.
  • The hardship his employer would face having to pay to train another employee (which exceeded £10k)
  • The hardship his child would face should he not be able to contribute to her financially 
  • The hardship his sister would face should he be unable to continue to provide her with caregiving and assistance with her disability. 

We also obtained character/references and supporting statements to reiterate the above and demonstrate this efficiently to the court. 

At Jamie’s hearing the court successfully found exceptional hardship and allowed him to retain his licence on 18 penalty points. We also managed to mitigate his fine down to the minimal amount and arranged a payment plan with the court which was most suitable for Jamie. 

Jamie was extremely happy with the result and relieved to be able to retain his job and continue supporting his daughter. 

This case is a good example of how you still maintain your licence,  by presenting a detailed case of mitigation. If you find your send in the same position as Jamie, please call one of our motoring experts on 03309122124.

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