Defence: Exceptional Hardship
Carl Millar was instructed by Mr E who faced disqualification for a minimum period of six months under the totting up provisions.
Mr E was travelling at 98mph in a 70mph speed restriction area when he already had 9 penalty points on his driving licence. He received a further 5 points which took him to 14 penalty points on his driving licence. Millars Solicitors advanced exceptional hardship in order to explain that Mr E would lose his job if he were disqualified for the minimum period of six months. We also explained that the collateral damage to follow would mean that he would not be able to maintain his mortgage payments with his partner and he would face repossession proceedings. The Court accepted the argument and Mr E was not disqualified from driving.
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