Extreme Hardship Driving Ban Avoided Scotland

Kept Licence
Glasgow Sheriff Court and Justice of the Peace Court

Our client was a shop keeper who required his van in order to go back and forth from the cash and carry.

He was originally charged with parking on a zig-zag line and as he was on 9 points, this invoked the totting-up provisions and he was facing at least 6 months off the road. 

His wife and daughter worked in the shop and neither of them could drive. Our client also had taken a personal lease on the commercial property and was liable for rental payments until 2039. That added up to a serious amount of money for which he would require to sell many, many curly wurlys...

Unusually this Proof lasted for two Court days (almost 8 hours of evidence and legal arguments). In actual fact, we required to make submissions that the Court ought to allow fresh evidence to be introduced after the case had been formally brought to an end. The Court allowed this after consideration of legal authorities and it was to prove crucial. 

Our client was permitted to continue driving on 12 points when the Sheriff - very properly - held that there was a real risk of the business going under should our client be denied of the privelege of a driving licence for a 6 month period. 

This case was dealt with by our Mr Simpson on 18th and 20th December 2017 at Glasgow Sheriff Court. 

 Kept Licence!


Published: 21/12/2017

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Our client had already pleaded guilty to a speeding charge (91mph on the M74) and contacted us for our expertise in an attempt to retain his licence. We successfully argued that exceptional hardship would be suffered if he were to lose his licence. Our client was allowed to continue to drive on 13 penalty points instead of being disqualified for at least 6 months....