Archive for the ‘12 Points Totting Up’ Category

Punitive Magistrates Find Exceptional Hardship Unsuccessful

Posted on: March 13th, 2015 by steve

Legal Advisor Encourages Appeal Following Unsuccessful Exceptional Hardship Application

At her hearing today at Nottingham Magistrates’ Court, our client Kylie Bannister told her barrister that she was disappointed by the magistrates’ decision not to allow her application for Exceptional Hardship.

In a case which demonstrates that not every Forrest Williams client achieves a favourable outcome at the first hearing, it is fair to say that there was a genuine feeling that today’s ruling called into question exactly how decisions regarding Exceptional Hardship applications – ie whether they are successful or not – are made.

Kylie had worked very closely with her case handler over several months, gradually building the strongest possible application. It was an investment of time as well as money because, for Kylie, there was such a lot at stake. By the end of the process, the volume of paperwork ready to be considered by the court, in support of Kylie’s application, was impressive.

If Kylie’s application was unsuccessful, she knew from the beginning that this meant she would be disqualified from driving for a period of 6 months. (She knew she had the right of appeal, but this would obviously incur further costs.) For Kylie, a disqualification would be extremely difficult to bear as she is employed within the publishing industry, on a freelance contract, and has to travel across the whole of the country, at short notice, to meet with clients and industry executives.

In addition, Kylie told us that she is essentially the breadwinner for her household as her partner is in lower-paid, temporary employment. Therefore, if she were to be disqualified from driving for 6 months, exceptional hardship would be suffered by her family, which includes 3 young children.

After hearing full evidence, the magistrates retired for 10 minutes to consider their verdict. Once they returned, they informed Kylie and her barrister that they had not found the test for Exceptional Hardship had been met.

In an interesting twist, however, the Legal Advisor strongly advised Kylie’s barrister immediately after the hearing that they ought to consider an appeal and apply to have her disqualification lifted pending the appeal.

From speaking to court staff, it became clear that no favourable decisions had been made during the whole of the day and that the magistrates’ approach towards all defendants was punitive, to say the least.

Forrest Williams are now discussing a possible appeal with Kylie, in the hope that when this application is re-considered in the Crown Court it will be allowed – and Kylie enabled to continue driving.

This case goes to show that Exceptional Hardship applications are not easy, or straightforward. While we can never guarantee a successful outcome, Forrest Williams always endeavour to prepare as fully as possible, and this is reflected in our very high success rates of well over 90%. In the rare event that an application is not successful, we ensure that our clients are advised honestly about their right of appeal, additional fees and chances of success at the Crown Court.

If you would like to discuss an Exceptional Hardship case, or any other motoring matter, with a dedicated legal team who will fight for you, call us now on 01623 397200.

Case Study: Successful Exceptional Hardship

Posted on: March 6th, 2015 by steve

Forrest Williams were delighted to achieve another wonderful result for a London based client yesterday! Once again our faith in our excellent specialist team of Barristers was rewarded with a successful Exceptional Hardship application. Proving that such applications do not need to be financially driven the case was presented based upon the impact of loss of licence on those around the client upon whom they depended.

Charged with speeding our client had unfortunately reached the dreaded 12 points and therefore fell to be disqualified for 6 months as a ‘totter’ – something he told us he could not cope with.

Our client’s needs were two-fold – not only did he need to retain his licence but before that he also needed the case date moving for medical reasons (not his own). Working together with the client we were able to persuade the court to move the hearing date to a more suitable time, allowing our client to provide the care and support needed to his partner when due to undergo major cardiovascular surgery.

So often we hear, “I couldn’t afford to pay my bills without my licence” – this was not the case here. Our client acts as carer not only for his partner but also for a friend with severe learning difficulties. With children grown and living and working away there was no-one else available to shoulder these responsibilities so as a family they would have struggled immensely.

So often people say that if you live in London then you don’t need a car, you can cope with public transport, but for a lot of people that really is not true. The difficulty in Exceptional Hardship cases is making sure that the courts get the true picture, and this is why Exceptional Hardship cases require a great deal of expert preparation.

Exceptional Hardship applications are not a checklist. There is no right or wrong situation to be in – your circumstances are unique to you.

If you are concerned that your family would be negatively impacted by the loss of your driving licence please give our team a call on 01623 397200 – we promise to be honest with you about your chances of success and, if appropriate, to work with you to build the strongest possible application.

Driving Ban Imposed For 86 Year Old Grandmother

Posted on: November 10th, 2014 by steve

86 Years Old: Oldest Driver in Britain to Receive a Ban

86-year-old mother, grandmother and great grandmother, Norah Lawley, recently became the oldest person in Britain ever to receive a driving ban. It came about after she was caught driving over the speed limit for the fifth time. She had been travelling at 43mph in a 30mph zone and was caught in exactly the same place that she had been for two of her other speeding offences. The three cases of driving above the speed limit meant that Norah totted up a total of more than 12 points on her license, resulting in a ban of six months.

Mrs Lawley said, “I don’t want everybody to know about it” and that she was ‘ashamed’ about the whole situation.

The judge endorsed Lawley’s licence with four additional penalty points, resulting in a total of 13, and fined her £200 and ordered her to pay a £20 victim surcharge and £85 costs.

Norah Lawley was also, unusually, ordered to re-take her driving test after she has completed her ban.

The retired primary school teacher said: “My main concern is how I get about for the next six months because I like to go to church and sing in the choir.

“Luckily I have lots of friends and family who have kindly offered to give me lifts but I am used to being independent and I don’t really like the idea of being a burden on anyone.

“I fully intend to retake my driving test after the ban and get back on the road as soon as possible.”

Katie Forrest of Forrest Williams Solicitors said –

“The only way that you can avoid a disqualification once you reach 12 points is to satisfy the court that you, or others, would suffer from exceptional hardship. This can include such things as loss of job or if someone else with poor health relies on your driving for their mobility.

If you need further information on the position when you reach 12 points see our Totting Up page.

ARE YOU FACING A SPEEDING CHARGE?

CALL US NOW FOR ADVICE ON 01623 397200

We are grateful to Alex Moore, who recently joined us for work experience, for this blog post.

Motoring Advice Blog