Cunninghams Solicitors » Penalty points on your licence

Totting up – Disqualification Avoided

cunninghams — Fri, 14 Oct 2011 15:52:50 +0000

Cunninghams Solicitors were instructed by Mr C, who had been summonsed to Shrewsbury Magistrates Court in Shropshire for one offence of speeding. A conviction could have meant that Mr C would be banned for a period of six months under the totting up procedure for accumulating 12 penalty points or more. Paul represented Mr C at his hearing and advanced an exceptional hardship argument on his behalf. A period of disqualification would have had disastrous consequences for Mr C, who would have risked losing his job if disqualified. This could have had serious financial implications, along with consequences for his employers and also his family. Paul persuaded the Court that there were strong grounds not to disqualify Mr C and the Court found that Mr C would have suffered exceptional hardship had he been disqualified. The successful application meant that Mr C was not disqualified from driving despite having accumulated 12 penalty points on his licence. Mr C was delighted with the outcome as above all it resulted in him being able to keep his job.

Totting Up – Accumulating 12 Penalty Points or More – No Ban Imposed

cunninghams — Thu, 15 Sep 2011 14:17:01 +0000

Carl recently represented Mrs H in respect of an allegation of speeding whereby the defendant had accumulated 12 penalty points within a three year period and therefore faced a disqualification of a minimum of six months under the totting up procedure.

Cunninghams put forward mitigation on behalf of Mrs H that a period of disqualification would cause her and her family exceptional hardship. It was argued that Mrs H would be unable to get to work or, indeed, fulfil the duties and responsibilities that she was required to do at work. Mrs H is a dual qualified social worker and regional health visitor and she simply would not have been able to do her job without a driving licence. This would have had an effect upon her patients and the National Health Service trust. Ultimately, the Court were persuaded that this would cause her, her employer and her family exceptional hardship and the Court decided not to disqualify Mrs H in the circumstances. Obviously, Mrs H was delighted with the outcome.

Totting Up – Successful Appeal against 6 month Disqualification

cunninghams — Mon, 12 Sep 2011 14:21:26 +0000

We were instructed by Ms S, who was disqualified from driving for a period of six months under the totting up procedure at Weymouth Magistrates Court. At the time, Ms S represented herself. Paul was instructed by Ms S to appeal against the decision to the Crown Court. In the interim period prior to the Crown Court hearing being fixed, an application to suspend the disqualification was made. The appeal took place at Bournemouth Crown Court, which was ultimately successful and therefore Ms S was able to retain her driving licence, despite having 12 penalty points endorsed on it.

Failing to Furnish Information – Trial Success

cunninghams — Mon, 12 Sep 2011 14:20:32 +0000

Mr K instructed Cunninghams Solicitors after he was summonsed to Barking and Dagenham Magistrates Court for one allegation of failing to furnish information. Paul attended at Court with Mr K to conduct his trial and successfully advanced Mr K’s case. Read more>

Totting Up – No disqualification imposed

cunninghams — Wed, 10 Aug 2011 12:29:43 +0000

Paul Turner was recently instructed by Mrs L following a summons to Newport Magistrates Court, South Wales, in respect of an allegation of driving without insurance. Mrs L already had 6 penalty points on her licence. The offence of driving without insurance carries a penalty of between 6-8 penalty points and therefore Mrs L was at risk of a disqualification under the totting up procedure for a minimum period of six months, as she would have accumulated 12 points or more within a three year period.

Cunninghams were able to persuade the Magistrates not to impose the minimum six month ban, as we demonstrated to the Magistrates that Mrs L would suffer exceptional hardship were she to lose her driving licence for any period. The Magistrates duly accepted our exceptional hardship argument and Mrs L was therefore able to retain her licence.

Speeding in Yorkshire – Successful Appeal

cunninghams — Tue, 02 Aug 2011 11:42:39 +0000

Paul was instructed by Mrs S following a conviction for speeding at Doncaster Magistrates Court for which she was not represented by Cunninghams Solicitors. Paul advised Mrs S that based upon the prosecution evidence she should never have been convicted and advised that there were very strong grounds to appeal the conviction.

The appeal took place before Doncaster Crown Court, South Yorkshire. Doubt was created by us to ensure that the prosecution could not provide the case beyond reasonable doubt and the appeal was successful.

Mrs S’s conviction for speeding was quashed and following the successful appeal, the Court ordered a defendants’ costs order to be made.

Driving Without Insurance

admin — Thu, 16 Jun 2011 18:35:11 +0000

Paul recently represented Mr M at Manchester City Magistrates Court. Mr M had been summonsed to Court for an offence of driving without a valid certificate of motor insurance. Mr M had been driving for less than 2 years and was at risk of having his licence revoked, as the minimum sentence for the offence is 6 penalty points. Mr M ran a trial by way of special reasons. The Magistrates found special reasons and Mr M was given an absolute discharge and was therefore able to keep his driving licence.

Speeding – Disqualification Avoided

admin — Sun, 10 Apr 2011 09:19:19 +0000

Paul was instructed by Mr S who appeared before Hereford Magistrates Court. Mr S had been summonsed to Court for an offence of speeding which would have resulted in him being disqualified for a period of six months under the totting up procedure. An exceptional hardship argument was advanced and was ultimately accepted by the Magistrates. This means that although Mr S has 12 penalty points endorsed on his licence, he was not disqualified from driving.

Exceptional Hardship following accumulation of 12 penalty points

admin — Wed, 25 Aug 2010 11:42:48 +0000

Carl recently represented Mr C at Liverpool Magistrates Court.

Mr C had accumulated 12 penalty points as a result of 4 minor motoring offences that were endorsed on his licence within a 3 year period. Exceptional hardship was presented and Carl was able to persuade the magistrates not to impose any period of disqualification. Mr C is involved in the sales industry and his inability to be mobile in his car would have resulted in his contract of employment being terminated. Furthermore, it was argued that it would be difficult for Mr C to obtain employment in the future, even after the expiry of his disqualification period of 6 months. If the Court were unable to find exceptional hardship, then the minimum period of disqualification is 6 months. It was also argued that his employers would suffer as Mr C attracted most of the business to his workplace, and the ramifications could have resulted in redundancies within the workplace. Thankfully, the Magistrates were persuaded by this powerful mitigation and Mr C was not disqualified at all.

Appeal against sentence

admin — Sat, 17 Jul 2010 12:56:53 +0000

Adrian Palmer recently represented Mr D at Derby Crown Court in respect of an appeal against sentence at High Peak Magistrates Court in Derbyshire. Mr D was disqualified for a period of 6 months under the totting up procedure as he had accumulated 12 penalty points.

He instructed Cunninghams Solicitors to deal with the appeal at Derby Crown Court. The Court were minded to interfere with the sentence imposed by the Magistrates and reduced the disqualification period down from six months to three months. The Court were persuaded by the fact that Mr D’s business was in a difficult state and that he played a vital role in that business amongst other matters.