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Place: Wrexham Magistrates Court

Offence: Totting up 12 penalty points on driving licence

Defence: Exceptional Hardship

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

Ms C had initially instructed a different firm of solicitors but she was not happy with the service provided.

The consequences of a driving disqualification for a period of 6 months would have been disastrous for Ms C.  In the first instance, she would have to leave her home.  Due to her finances, she could not afford to use taxis.  Unfortunately, Ms C suffers from arthritis and she is unable to physically walk to the shops.  Due to her condition, she had been advised to only eat fresh fruit and vegetables and therefore the requirement to eat only fresh food means that she is required to have regular visits to the shop to purchase the food.  She lived on her own and could not rely upon anybody else to take her to the shops.  The costs of using a taxi on a regular basis would have been prohibitive.

The Court accepted that any period of disqualification would effectively mean that she would be a prisoner in her own home.  Furthermore, Ms C had a DWP Motability allowance and any period of disqualification would prohibit her from being able to have another car for a period of 3 years at the very least.  With all those circumstances, the Court accepted that a disqualification period would cause Ms C exceptional hardship and therefore did not disqualify her from driving.


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