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Place: Bath Magistrates Court

Offence: Totting up 12 penalty points on driving licence

Defence: Exceptional Hardship

Carl Millar was instructed by Mr I, who faced disqualification for a minimum period of six months under the totting up provisions.

Exceptional hardship was advanced on Mr I’s behalf and the Court were persuaded by the arguments. In the circumstances, they did not disqualify him at all from driving.

Mr I was concerned about being disqualified from driving and the impact that this would have upon his business. He had real concerns that the company that he owned would go into liquidation and that he would have to make staff redundant. He was concerned about the collateral damage following on from that, and also concerned that he would not be able to meet his mortgage payments as he did not have any savings to fall back on.

The Court were persuaded by the arguments put forward by Millars Solicitors and he was not disqualified from driving under the totting up provisions.


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