Motoring Advice Blog

Exceptional Hardship Solicitors in Mansfield Magistrates Court

Charles Nelson appeared in Mansfield Magistrates’ Court this week as he had been charged with speeding – 85mph in a 70mph limit.

Although ordinarily this would be treated as a fixed penalty (3 penalty points and a £100 fine), Charles was not in a position to accept an offer of fixed penalty as he had 9 points on his driving licence at the time of the speeding offence.

Charles did not dispute that he had been driving at a speed over the legal limit on the date in question. He told his case worker that he did a lot of driving for work and that he accepted full responsibility for the offence – it was an error of judgement on his part.

As Charles had found himself in a ‘totting up’ situation (i.e. reaching or exceeding the threshold of 12 penalty points), he approached law firm Forrest Williams to assist him in preparing and conducting an Exceptional Hardship application, as he knew from research on the Internet that this was the only possible way he could avoid the automatic 6 month disqualification through the ‘totting up’ of points.

Charles worked very closely with his case worker, Tracy Johnson, throughout the preparation period, producing and collating a set of suggested supporting documents which, it was anticipated, would help strengthen his application on the day of the court hearing.

As the work that Charles does relies on him having a driving licence to travel to sites linked with national security, it was imperative to him that he try his best to avoid a disqualification.

However, as Charles’s case worker discovered whilst taking his statement, this wasn’t the only strong reason he had to support his Exceptional Hardship application. Charles mentioned to us, almost as an afterthought, that he had provided financial support to his widowed mother for a number of years. He told his case worker that his mother relied on these payments in order to manage financially, and that she still lived in his birth country, where there was no welfare benefits system to support those who were unable to earn and support themselves.

Charles was informed that, although the court may well be disinclined to feel much sympathy for him, as he had – after all – committed the series of motoring offences, they were likely to feel sympathy for his mother’s situation. It could not be argued that if she were to suffer financially through her son’s disqualification, this would not be fair as she had done no wrong.

When our Senior Partner, Steve Williams, met with Charles at court he took time to explain what would happen, and how he might be questioned by the bench.

Steve then conducted a full Exceptional Hardship application on behalf of Charles. After some anticipated questions, and a short deliberation, a decision was reached: Exceptional Hardship had been found.

Charles thanked Steve for all his help and said he would recommend Forrest Williams to others in his situation.

If you need help for a motoring matter, contact our expert team now on 01623 600645.

Exceptional Hardship Mansfield Magistrates Court – Case Study

In Mansfield Magistrates’ Court this week, Valerie Dixon broke down in tears.  She heard that she would not be disqualified for 6 months as a result of ‘totting up’ to 12 penalty points.

Valerie told Steve Williams, Senior Partner of law firm Forrest Williams, she was delighted with the court’s ruling.  It meant she could carry on doing her very responsible job within the local health authority, which requires travel across a wide area.  It also meant that she could continue to be as mobile as possible in the face of her health problems.

When she had first approached our company for assistance, one of the things that most struck Steve Williams about the conversation was that although Valerie accepted she could register as a disabled person, given her health issues, she clearly did not want to do this. She told us she did not yet feel ready to accept that her mobility was becoming so severely limited that this label applied to her, even though she accepted the fact that the label may means she could access certain aids and support.

Valerie explained that her driving licence meant she was able to fulfil all the requirements of her job. Her driving licence was something she equated with her independence.

The threat of losing her licence through the ‘totting up’ of points had, quite simply, rocked Valerie’s world. She was in tears when she made her first call to our office. She was in tears when her case worker took a full statement from her.

Once all the preparation on Valerie’s case had been completed, Steve Williams met with her at court and spent time before the hearing discussing her circumstances in great detail. In this way, Steve became very clear about how he would conduct Valerie’s Exceptional Hardship Mansfield Magistrates Court application.

Once in the court room, the magistrates took great interest in the valuable work that Valerie did within the field of mental health, and the fact that she had been working at a high level in this field for over 20 years. Valerie’s character references demonstrated to the court that she was very highly regarded and that she had the respect of her line manager and her peers.

In addition, Steve presented other forms of supporting evidence to the court. Valerie’s travel diary highlighted with great clarity the journeys she made for work. Her medical documents verified the fact that, although Valerie did not wish to register herself as a disabled person, she was clearly a person with severe mobility difficulties and who took daily medication for pain relief.

When the court’s decision was announced, Valerie cried for a third time. But this time they were joyful tears, as she knew her life could continue just as it had before. For Valerie, this meant keeping both her job and her independence.

Valerie thanked Steve Williams with a hug because sometimes there are no words.

Need help for an Exceptional Hardship Mansfield Magistrates Court?  Call our award winning team now on 01623 397200.