Legal History Made

Kept Licence
Dumfries Sheriff Court and Justice of the Peace Court

On 19th January 2022, our Firm made legal history in an exceptional hardship case.

A number of years ago we represented a client whose case went on to become one of the benchmark cases that the Courts refer to when determining whether or not exceptional hardship has been established.

A few years down the line, the same client required assistance for another exceptional hardship proof.

As our Mr Simpson put it to the Court, 'neither his driving nor his circumstances have improved'.

For the first time in Scottish legal history, a person accused of an offence was able to rely upon their own binding legal authority from several years earlier.

An extraordinary case, the same successful outcome. Kept Licence!

Published: 02/02/2022

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See also

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....