Successful Appeal Against Driving Disqualification

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Successful Appeal Against Driving Disqualification

Expert legal representation from JMW’s Motoring Team resulted in a successful appeal against Sentence. The Crown Court Judge determined that the defendant had ‘suffered enough’ and reduced the overall fine down to just £50.

In 2022 SS was caught travelling in excess of the 30mph speed limit. This resulted in the endorsement of 3 penalty points on his driving licence. Unfortunately, SS already had 9 penalty points on his licence, thus the additional 3 points meant he became a ‘totter’ and faced a driving disqualification of up to 6 months. For more information on ‘totting up’ please see: Totting Up Defence from Motor Disqualifications - JMW Solicitors .

At his first appearance, SS advanced a hardship application in accordance with section 35(1) RTOA 1988:

If the offender has 12 or more penalty points the court must order the offender to be disqualified for not less than the minimum period unless the court is satisfied, having regard to all the circumstances, that there are grounds for mitigating the normal consequences of the conviction and thinks fit to order him to be disqualified for a shorter period or not to order him to be disqualified.

SS was responsible for driving his disabled child to medical appointments. SS was also the ‘breadwinner’ within his household and his job required a driving licence. Unfortunately, despite merit in the application, the Magistrates’ Court did not find exceptional hardship. SS was therefore sentenced to a 6-month disqualification and a financial penalty amounting to £359.

SS instructed Helen Kelsall, assisted by Jade Halliday-Mitchell, of JMW Solicitors to advance an appeal against sentence on his behalf. The approach was simple – to ensure the supporting documentation collated left the Judge with no doubt that exceptional hardship would be incurred should SS remain disqualified from driving.

As the case developed, SS’s personal circumstances sadly changed, and his disabled child unfortunately passed away. The grief experienced by his partner meant that SS was now the sole earner for his family – inclusive of two additional children. Compassion and understanding was instrumental in obtaining information from SS and his wife.

At the Crown Court, represented by JMW Solicitors, SS was able to successfully appeal his disqualification. The Crown Court Judge confirmed that exceptional hardship was obvious in this case and the suffering caused by a driving disqualification would not only impact SS, but also his grieving family. In summary, the Judge stated that SS and his family had ‘suffered enough’. Consequentially, he also reduced the original speeding fine to £50 and ordered that SS could recover his defence costs.

SS was delighted with the outcome and expressed extreme gratitude for the assistance during a difficult time.

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A driving ban can have a significant impact on your life, especially if you rely on using your car either personally or professionally. It is therefore essential that you seek the right expert legal help to give you the best opportunity to avoid or reduce a ban.

If you are charged with a motoring offence or find yourself facing a disqualification which you wish to challenge, legal advice and representation from the earliest stage is essential. For further information about the comprehensive service our lawyers can offer you, contact us on 0345 872 6666 or by completing our online enquiry form.

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