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Mr M was summonsed to appear before Leicester Magistrates Court for a red light offence.  Mr M already had 9 penalty points endorsed on his licence.  Mr M intended to plead guilty to the offence which would therefore take him to 12 points which would result in Mr M being disqualified for a period of 6 months under the totting up procedure.  Mr M contacted Cunninghams Solicitors and was advised that although he was pleading guilty to the offence and would accrue 12 penalty points on his driving licence within a period of 3 years, there was a way he could avoid being disqualified from driving for 6 months.

The only grounds a Court could take into consideration when making a decision not to disqualify Mr M was that exceptional hardship would be suffered.  Mr M had been driving over 42 years and had never previously been disqualified and the consequences of a disqualification would have devastating effects for Mr M.  Mr M’s job relied on him holding a driving licence, and driving was essential for his job.  If Mr M were to be disqualified, he would lose his job, which in turn would have financial consequences for him and his family and put his house at risk, and would also cause problems for his employer trying to replace such a valued member of staff.

After taking initial instructions, Mr M was advised by Paul Turner that he had strong grounds for an exceptional hardship argument.

At the hearing before Leicester Magistrates Court, Mr M’s exceptional hardship argument was advanced and the Court agreed that he would suffer exceptional hardship.  The Magistrates used their discretion and did not disqualify Mr M.

If you are at risk of accumulating 12 points or more within a 3 year period and therefore at risk of being disqualified under the totting up procedure, you should contact Cunninghams Solicitors and we will give you an honest assessment of your chances of succeeding with an exceptional hardship argument, and we will use our expertise in an effort to avoid you being disqualified.