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Place: Guildford Magistrates Court

Offence: Totting up 12 penalty points on driving licence

Defence: Exceptional Hardship

Carl Millar was instructed by Mr NE who already had 10 penalty points endorsed on his driving licence.  He committed a further offence of speeding, which took him to 13 penalty points and he therefore faced a minimum period of disqualification of 6 months under the totting up provisions.  Mitigation was advanced on behalf of Mr NE explaining that any period of disqualification would cause exceptional hardship to his family as his contract of employment would be terminated by his employer in the event of a driving disqualification.  Furthermore, Mr NE’s wife could not cover the mortgage payments and the outgoings of the family home.  Mr NE was also concerned about obtaining gainful employment in the future as he was 55 years of age and it was put to the Court that he may find it difficult to find another job after having lost his job and explaining to his new employer that this came about due to a driving disqualification.  Exceptional Hardship was accepted by the Court and Mr NE was not disqualified from driving at all.


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