Offence: Totting up 12 penalty points on driving licence

Defence: Exceptional Hardship

Carl Millar from Messrs Millars Solicitors was instructed by Mr T who faced a disqualification for a minimum period of six months under the totting up provisions.

Mr T received 6 penalty points on his driving licence for failing to furnish information.  Unfortunately, Mr T had 6 penalty points endorsed on his driving licence at the time of the incident.  This meant that he now had 12 penalty points endorsed on his driving licence.  He therefore faced disqualification for the minimum period of 6 months.  Mitigation was advanced on his behalf explaining to the Magistrates that any period of disqualification would cause exceptional hardship.  Evidence was produced before the Court that Mr T would lose his job in the event of a driving disqualification.  He already paid maintenance to his son in the sum of £300 a month, and he would not be able to support his son in the event of a driving disqualification and subsequent loss of income.  This would cause exceptional hardship to his former partner and to his son.  The Court accepted exceptional hardship and he was not disqualified from driving.

Offence: Failing to Furnish Information

Defence: Persuading the Crown Prosecution Service to discontinue the case

Millars Solicitors represented Miss W who appeared before Blackpool Magistrates Court for the offence of failing to furnish information whereby she would receive between 6-8 penalty points or be disqualified for the offence.

We were able to persuade the Court to discontinue proceedings against the defendant on the basis that she accepted the originating offence of speeding. Miss W’s case was that she did receive the Notice of Intended Prosecution, signed, dated and returned it in the post. The Police say that they did not receive the returned Notice of Intended Prosecution and therefore a not guilty plea was entered. The Crown Prosecution Service accepted Miss W’s position and that offence was discontinued.

Place: Carlisle Magistrates Court, CA3 8QH

Offence: Speeding and Failing to Furnish Information

Millars Solicitors represented Mr M before Carlisle Magistrates Court.  Mr M was charged with speeding and failing to furnish information.  Mr M already had 6 penalty points on his driving licence and therefore faced a disqualification under the totting up provisions if he was convicted of failing to furnish information, as he would have received 6 penalty points for this offence.  Millars Solicitors managed to persuade the Crown Prosecution Service to discontinue the allegation of failing to furnish information on the condition that Mr M accepted the originating offence of speeding.  In the circumstances, Mr M was not disqualified from driving.

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