Driver Avoids Totting Ban for a Second Time
A driver who had been disqualified for 6 months in the magistrates’ court after a second ‘totting up’ offence instructed us to help with an appeal. He had already successfully argued exceptional hardship around 18 months ago but had since committed a further driving offence.
Lucy Whitaker represented him in the Crown Court arguing that there were new grounds for the court to find exceptional hardship. Only if the court found that there were new circumstances could it consider an exceptional hardship argument.
The prosecutor opposed the argument that the grounds put forward were new. He stated that they had already been considered by the court on the last occasion and could not be taken into account by the court. The court disagreed and accepted our new argument.
After a lengthy hearing, the Judge and two magistrates agreed that exceptional hardship would be caused to the defendant’s grandmother. They, therefore, allowed the appeal and did not disqualify our client.
It is usually a difficult task getting a court to accept a second exceptional hardship argument within 3 years. It can be even more tricky in the crown court where the setting is very formal and rules are more strictly adhered to. Needless to say, our client was delighted that Lucy managed to save his driving licence.