Offence: Speeding and / or Totting up 12 penalty points on driving licence for second time within a 3 year period
Defence: Mitigation and Exceptional Hardship
Millar’s Solicitors were instructed by Mr H who faced disqualification for a minimum period of 12 months under the totting up provisions.
Mr H was travelling at 110mph in a 70mph speed restriction area. In accordance with the Magistrates Court Sentencing Guidelines, he would face a disqualification of up to 56 days for the offence alone. Unfortunately, Mr H had been disqualified 2 years previously for 56 days. The result of this was that he faced a minimum period of disqualification of 12 months under the totting up provisions due to having the previous disqualification for 56 days within the previous 3 years.
Clearly, Mr H’s preference was a short term ban for the offence alone, rather than trying to advance exceptional hardship and running the risk of losing and then facing the disqualification period of 12 months.
Mitigation was advanced and the Court accepted the argument to impose a short term disqualification of 15 days. Obviously, Mr H was delighted with the outcome, as he could have been disqualified for a period of 12 months.
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