Driver who Accumulated 12 Penalty Points Allowed to Keep Driving Licence
Nockolds' Motoring Team recently acted for a self-employed taxi driver at Stevenage Magistrates Court on 9 June 2016. The driver had previously admitted a further speeding offence which took his driver record up to 12 points. As a result he had been required to attend court in order to be disqualified under the ‘totting up’ provisions.
The rules on totting up state that when a driver accumulates 12 or more penalty points in a three year period, he or she must be disqualified for a minimum period of six months. However the court retain a discretion not impose a ban if to do so would cause ‘exceptional hardship.’
In this case, specialist motoring lawyer Dan Hart, submitted to the court that a disqualification would have had a devastating effect on both our client’s business and his family life. It was argued that as a result he would suffer exceptional hardship. A package of documents in the form of letters, financial paperwork and witness statements to support these submissions was put together on our client’s behalf and provided to the Magistrates during the hearing. The submission was successful and our client was allowed to retain his licence. The Magistrates commented that they were able to rely on clear and cogent evidence of the arguments put forward on the drivers behalf in order to reach their decision.