Exceptional Hardship Granted Willesden Magistrates Court 2024
Our client was a mobile mechanical engineer who managed a large portfolio of properties situated in different locations. His work required him to travel from city to city, and therefore, his ability to drive was fundamental to his role.
Unfortunately for our client, he was caught driving while holding a mobile phone. However, due to previous points he had accumulated due to speeding, he faced a ‘totting up ban’ as he reached 12 points and was disqualified from driving.
We listened to our client and carefully considered his instructions. After his initial meeting with us, we found that a driving disqualification would have had serious implications for our client. It would have jeopardised his employment and created financial instability while he had to pay off overdrafts and credit card loans.
Not only would he have faced financial ruin, but he would also have been at risk of being unable to maintain his family home, which he shared with his elderly mother. This would have brought hardship upon his younger children and other family members who relied heavily on his support.
We meticulously prepared an exceptional hardship defence to demonstrate to the court that losing his licence would cause our client to lose employment, resulting in severe hardship to those around him and further detriment to his circumstances. After identifying those crucial issues in our client’s case, we were provided with supporting evidence, which was carefully considered prior to his hearing at the Magistrates' court.
Our in-house experienced solicitor advocate successfully argued on his behalf to persuade the court not to disqualify our client. Our submissions were accepted, and the court decided not to order our client to be disqualified.
Our client could remain employed, look after those around him, not allow his circumstances to fall into ruins, and, most importantly, keep his licence and not be disqualified.