On 2 June 2016, Dan Hart represented a driver who was summonsed to Southend Magistrates Court for an allegation speeding on a motorway where the recorded speed was 110mph on the M25 motorway.
The sentencing guidelines provide that for such an offence the presumption is that a driver should be disqualified for between 7 and 56 days for those people driving at between 101 and 110mph. Given the speed in this case was at the top end of the bracket, the client had previously thought that a lengthy disqualification was inevitable.
Mr Hart put forward a plea in mitigation on his behalf and was able to persuade the magistrates that a disqualification would have a disproportionate effect on our client, his young family and the business he owned. Accordingly the Magistrates felt that the best course of action was to impose a fine and endorse his licence with six penalty points to allow him to keep driving.