Tag Archives: driving disqualification

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Chesterfield motoring solicitor keeps taxi driver’s licence

Chesterfield Motoring Solicitor David Gittins was recently instructed in a case where his client was at real risk of a driving ban.  This would have meant the loss of his job as a taxi driver and a substantial impact on his 4 children.

David’s client had been caught driving at 76 mph in an 30 mph speed limit close to Chesterfield Town Centre. David’s strong advocacy  and diligent preparation enabled the client to keep his driving licence.  Instead he left the court with a fine and penalty points.

This case, perhaps better than most, demonstrates the benefits of choosing a local Chesterfield motoring solicitor carefully.  Surprisingly, David’s client had tried to instruct another local solicitor’s firm.  They had declined to take the instruction as they didn’t believe he could save the Defendant’s driving license.

Benefits of a local Chesterfield motoring solicitor

David’s client told him that he had been caught speeding whilst driving out of Chesterfield town centre along Derby Road at excessive speeds.  With local knowledge, David was immediately able to recognise the seriousness of the situation.

David’s client had been running late and had made a terrible error in trying to make up time by grossly exceeding the speed limit.  His client did not dispute the speed.  He indicated to David his desire to plead guilty at the very first opportunity in order to gain maximum credit and demonstrate his remorse.  In retrospect he appreciated the potential danger he created with this piece of driving.

Our client required his driving licence to be able to work.  David had to make his client aware that due to the level of speed the Court would consider imposing an immediate driving disqualification  of up to 56 days.

As a Chesterfield motoring solicitor, David knew that the local Magistrates would also know the road in question.  Because of this he knew that the only way in which he could keep his client’s license was to prepare detailed mitigation to present to the Court.

David had two lengthy conferences with his client in advance of the Court hearing.  This was to take details of how a disqualification would impact upon him, his wife and their four children.  For example, he provided transport to a separate school for each child, as well as to a variety of after school activities. Bluntly put,  if the client lost his license it was almost impossible for the children to attend school on time due to their age and the travel involved.

David preparing a map to show the court the acute difficulties that his client’s children would face.  He also secured references on behalf of his client.  For example, his client was involved in the local community tackling drug addiction.

Penalty Points rather than a driving ban

As a result of this detailed preparation and strong advocacy, David was able to present his client’s mitigation in an extremely effective way.  Because of this, the Magistrates’ were persuaded to take a lenient approach.  David’s client received a fine and penalty points but no driving ban.  This meant that he was able to keep his employment and was understandably delighted with the outcome.

Contact a Chesterfield Motoring Solicitor

chesterfield crime solicitor David Gittins
Partner and Chesterfield motoring law solicitor David Gittins

If you require the advice and representation of an expert motoring solicitor then please contact David at our Chesterfield office on 01246 283000 or use the contact form below.  Details of our Chesterfield office can be found here.

David  can provide you with detailed and affordable advice as to whether you are able to challenge the prosecution evidence relating to your road traffic offence, or how you are likely to be sentenced following a guilty plea.

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Driving ban avoided following successful exceptional hardship argument

Chesterfield Motoring Solicitor Kevin Tomlinson was recently instructed in a case where his client was at real risk of a driving disqualification. Kevin made a successful exceptional hardship argument on his behalf so a driving ban was avoided.

What is an Exceptional hardship argument?

All drivers will know that when they reach 12 penalty points they are liable for a minimum six month driving ban under the totting up procedure.

A driver can, however, avoid this disqualification if it can be shown that exceptional hardship would result from a disqualification.  If successful, a driver will be able to keep their license even though they have reached 12 penalty points.

The concept of “exceptional hardship” is not exhaustively defined by the law. It does, however, have to be more than an inconvenience caused as a natural result of a driving ban.

Issues that could amount to exceptional hardship may include:

  • Loss of a job resulting in loss of accommodation
  • An inability to get to any work due to geographical and public transport restrictions
  • Loss of employment of third parties due to a businesses having to close

A driver will usually have to give evidence to the court on oath to support the exceptional hardship argument.

Travel to Norwich Magistrates’ Court

Our client faced three separate sets of proceedings before three different courts.   It was important that Kevin ensure that all three cases were before a single court as his client wished to make an exceptional hardship argument to avoid disqualification.

This is because a successful argument cannot be put more than once in a three year period.  As a result, had the exceptional hardship argument succeeded in one set of proceedings, it could not have been argued in the other cases.

In any event, this client’s case was particularly complicated.  Kevin had to apply to set aside certain convictions and overturn a driving disqualification imposed in absence before all cases were finally listed before Norwich Magistrates’ Court.

Our client chose to instruct Kevin to travel to Norwich as he knew that he would put forward skillful legal argument on his behalf.

Our client left with 19 penalty points

Due to the nature of our client’s employment which took him all over the Country, he would have an argument to say that to disqualify him him cause exceptional hardship over and above that which will normally follow a driving ban.

Kevin advanced the exceptional hardship argument on behalf of his client.  Even though by now his client had 19 penalty points on his licence, this was the only way he could avoid a disqualification from driving.

Evidence on oath to support exceptional hardship argument

His client gave evidence to the court about the difficulties he would face if he lost his licence.  Perhaps significantly, he was also able to give evidence of the impact of losing his job on his partner and the risk of them losing their accommodation.

Fortunately for his client, Kevin made a successful exceptional hardship argument on his behalf.   The court then chose to exercise its discretion not to impose a driving disqualification. This meant that our client could continue driving.  There were, however, financial penalties and costs to pay as a result of these offences.

Kevin’s experience meant that he was unable to unpick the tangle of convictions to ensure that his client had an opportunity to avoid a driving ban.  His persuasive advocacy skills were then able to secure the result his client needed.

Representation by way of an affordable fixed fee

It is unlikely that legal aid will be available for a case like this.  Here, Kevin agreed a fixed fee with his client that included the expense of travel to Norwich.

In the event, this fee was a small price to pay in order that our client kept his driving license.

Contact a Chesterfield Motoring Law Solicitor

If you face a driving ban then you will require affordable advice and representation from an expert road traffic law solicitor.   Chesterfield road traffic law solicitor Kevin Tomlinson can be contacted at our Chesterfield office on 01246 283000.

Alternatively, there may be one of our other offices that is more convenient to you.  You can find the details of these offices here.

You can also use the contact form below.

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News

Banned from driving? Can you get your licence back early?

Driving Disqualification? We can help you get your licence back

In some instances, it is possible to apply to a court and ask that a driving ban is ended earlier than it would normally be.  How will you be able to argue to get your licence back early?

If your circumstances have changed since being disqualified, it is worth discussing with one of our criminal law specialists whether or not you can take advantage of this legal provision.

Is legal aid available?

Legal aid may be available subject to a means test. Alternatively we will be able to provide you representation on a private basis.  This is likely to be by way of an affordable fixed fee.

What are the rules?

You can ask the court to reduce the period of your disqualification  after you’ve been banned from driving after the following periods have expired:

  • 2 years when your disqualification was for more than 2 years but less than 4 years
  • Half the length of the disqualification period where the driving ban was for between 4 and 10 years
  • 5 years in cases where your disqualification was for 10 years or more

What about a ban following a second drink driving offence?

We are often asked by clients who have been disqualified for a second drink drive offence whether they are also able to apply to get their licence back early.

The answer to that question is ‘yes’.  The application will however be complicated as the High Court has expressed the following view:

“I would only add that justices … may if they think fit regard a mandatory disqualification as one which they are somewhat less ready to remove than a discretionary disqualification.”

But it will depend, as always, on the individual circumstances of your case.  The decision in Boliston v Gibbons (1995), for example, showed the High Court to be very sympathetic to the plight of the applicant.

What are the criteria?

The law states that:

“On any such application the court may, as it thinks proper having regard to—

(a) the character of the person disqualified and his conduct subsequent to the order,

(b) the nature of the offence, and

(c) any other circumstances of the case, either by order remove the disqualification as from such date as may be specified in the order or refuse the application.”

As a result, what any applicant needs to establish is that there is some compelling reason why the ban should be brought to an end early.  such examples include employment opportunities, reliance on a vehicle for caring responsibilities, personal immobility etc.

Will the application be opposed?

It is very rare for an application not to be opposed.  Because of this we will work incredibly hard to ensure that an impressive argument is put before the court.

Unfortunately simply turning up and throwing yourself on the mercy of a court is unlikely to result in a return of your driving licence early.

If the application is refused, can I make a further application?

A further application is possible but you must wait for three months from the date of the refusal to make your next application

How we can help you get your licence back early

We will assist in preparing and presenting your application to the court. This will include taking your instructions and gathering any supporting evidence that you may need to strengthen your case.

Our experienced team have significant advocacy expertise before both the Magistrates’ and Crown Courts.  As a result we are best placed to secure the return of your driving licence.

Contact your nearest office to speak to one of our lawyers to see how we can help you get your licence back early.  Alternatively use the contact form below.

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