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Place: Oxford Magistrates Court

Offence: Totting up 12 penalty points on driving licence

Defence: Exceptional Hardship

Carl Millar was instructed by Mr OM who faced disqualification for a minimum period of 6 months under the totting up provisions.  Mr OM had 9 penalty points endorsed on his driving licence when he committed a further offence of speeding at 92mph in a 70mph speed restriction area.

The Court accepted that Mr OM was genuinely terrified about being disqualified for six months as, even a short period of disqualification, would result in him losing bookings that had been made in his role as a freelance photographer.  Mr OM provided pictures of his equipment to depict to the Court how impossible it would be to use public transport to carry his equipment to the various locations that he was required to attend.  The impact of a driving disqualification would result in the loss of his business and his employees would also have lost their jobs.  The Court accepted exceptional hardship in the circumstances and he was not disqualified from driving.


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