Exceptional Hardship Scotland
Our client was accused of speeding and submitted a letter pleading guilty. He thought no more of it and as a serving member of the Armed Forces was shortly thereafter deployed overseas. Unfortunately, he was unaware that the imposition of a further 3 penalty points invoked the 'totting-up' process and the Court requested his personal attendance to make representations against disqualification. There was no response and a warrant was granted for his arrest.
We arranged his attendance and requested that the Court assign an Exceptional Hardship Proof in order to allow us to argue that the loss of his licence would result in hardship being caused to third-parties and that it would be exceptional.
We attended and presented our argument. The main point of the Proof was that if our client was disqualified from driving then another soldier would require to be deployed in his place. It would be unfair to put a third party at such risk for the sake of 3 penalty points.
Following legal submissions the Court agreed that the loss of licence would result in exceptional hardship. Our client was permitted to continue driving.
This matter was presented at Dumfries JP Court on 7th August 2019 by our Mr Simpson.
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