Hojol Uddin, Charles Stansfield, and Jack Pittam represented Mr S who was at risk of disqualification for exceeding the speed limit under “totting up” provisions. The client had previously received endorsements for penalty points on several occasions. Receiving this additional offence placed him at risk of a minimum 6-month disqualification.

Mr S entered a guilty plea to obtain maximum credit for the sentence imposed against him. Strong mitigation was prepared to advance an application for exceptional hardship to avoid the minimum totting up disqualification.

At the hearing it was requested that instead of imposing 6 penalty points, resulting in totting up, the Court were urged towards a discretionary disqualification of 56 days and a fine. The Magistrates agreed to the request and imposed a 56 day disqualification (which the client had hoped for). Importantly the Mr S was not disqualified for 6 to 8 months and will still be able to apply for exceptional hardship should he need to do so in the future.