Exceptional Hardship In Glasgow JP Court

Kept Licence
Glasgow Sheriff Court and Justice of the Peace Court

Our client, a shopkeeper whose business has struggled for a number of years due to the opening of new supermarkets nearby, was in danger of striking a fatal blow to it as he already had 11 penalty points on his licence and faced allegations of both speeding and using a mobile phone whilst driving.  Conviction for both would ensure he was banned for at least 6 months under the ‘totting-up’ provisions, however if we were able to secure an acquittal in one of the cases then that would leave us able to argue ‘exceptional hardship’ against disqualification.

Over the course of many months, this is what we achieved.  Having disposed of the speeding allegation with our client being found not guilty, and then successfully arguing that a ban would bring such hardship to both his business and family, he left court chastened but having retained his driving entitlement.

Published: 23/06/2017

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Successful Exceptional Hardship Proof

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....