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Exceptional Hardship Proof Dumfries JP Court

Kept Licence
Dumfries Sheriff Court and Justice of the Peace Court

Our client was detected travelling at 84mph in a 70mph limit on the A74 motorway. He pled guilty by letter not realising that the imposition of further penalty points would result in a mandatory period of disqualification under the totting-up process.

The Court advised him to seek legal representation and he contacted our office. We attended at the Deferred Sentence and asked the Court to assign an Exceptional Hardship Proof. We also discovered that he was subject to an enhanced totting-up ban with a minimum period of disqualification of 12 months. 

We began to in-gather all necessary documents and prepare the Proof.

We attended with our client and led him through the evidence and thereafter addressed the Court on the legal test for exceptional hardship with reference both to the legislative provisions and case law. 

Following submissions the Justice of the Peace was satisfied that a disqualification would result in exceptional hardship being caused to our client and others who relied upon his ability to drive. 

Consequently, our client was not disqualified and drove away from Court with his licence in tact.

This case was presented by our Mr Simpson on 31st October 2018 at Dumfries JP Court.

 Kept Licence!

Published: 01/11/2018

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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....