Offence: Speeding – 98mph in a 70mph speed restriction area – possible Totter and facing minimum period of disqualification of 6 months
Carl Millar was instructed by Mr C who potentially faced a minimum period of disqualification of 6 months under the totting up provisions.
Mr C had 6 penalty points on his driving licence made up of 2 separate speeding offences. For the third incident, he was travelling at 98mph in a 70mph speed restriction area. The Magistrates Court Sentencing Guidelines suggest the imposition of between 4-6 penalty points or an outright disqualification where the speed is between 91-100mph. Obviously, Mr C was at the higher end of the scale and therefore could possibly have received 6 penalty points on his licence.
Powerful mitigation was presented and Mr C received 5 penalty points and therefore avoided the totting up provisions whereby an exceptional hardship case would have to be presented. The Court were persuaded by the fact that Mr C would not be able to generate an income if he were to receive a 6 month ban and, in turn, he would not be able to pay his rent. The knock-on effect of this would be that he would not be able to make the maintenance payments for his children and they would suffer through no fault of their own. Naturally, Mr C was delighted with the outcome of the case.
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