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Exceptional Hardship Upheld At Dumfries

Kept Licence
Dumfries Sheriff Court and Justice of the Peace Court

Our client had pled guilty to a charge of speeding on the M74 in Dumfries by letter and without seeking any legal advice. Due to the presence of nine live points on his licence, the court at Dumfries wrote back requesting his personal appearance to make representations against disqualification. Having discussed the importance of his driving licence, it was clear to us that a very strong case for exceptional hardship should be presented to the Dumfries court. It was established in evidence that our client would lose his job if disqualified which, in turn, would jeopardise a residential building project which was ongoing. The third party hardship here was that our client was renovating a bungalow with a view to caring for his grandmother who suffered from a catalogue of serious health issues. The property was being specially adapted for her care and the court agreed this was a clear cut case of exceptional hardship and our client retained his driving licence.

Published: 13/07/2017

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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....