Successful Exceptional Hardship At Dumfries

Kept Licence
Dumfries Sheriff Court and Justice of the Peace Court

This case is a prime example of the benefits to be gained from having a Plan B.  Our client, the principal of a company providing shop-fitting services to organisations UK-wide, was accused of speeding whilst 9 points were live on his licence.  As his role involves ingathering, maintaining and supervising new and existing business the repercussions for his employees were he to be off the road for 6 months were pronounced.

We identified an issue with the Crown evidence, one that has secured innumerable acquittals throughout Scotland, and chose as a result to proceed to trial.  One of the unavoidable frustrations of what we do is when a perfectly valid defence is rejected by the Court, often for no real reason other than it is politic to do so.  That occurred here and our client was, wrongly, convicted after trial.

One has to take these things on the chin, however, and so our efforts were re-directed to achieving success through another method, namely exceptional hardship.  A properly prepared proof was lead with supporting documentary evidence to illustrate the grievous consequences were the ‘totting-up’ provisions invoked.  On this occasion, the Bench found in our favour and a statutory disqualification avoided.  It also meant that our client saved on legal fees as he no longer required to seek recourse to the Sheriff Appeal Court to challenge the previous decision at trial.

Published: 11/08/2017

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