Last Minute Exceptional Hardship Case
Kaylum came to us charged with speeding at 78mph in a 50mph zone.
We explained to Kaylum that his speed was very serious and he actually fell into the third category in the magistrates sentencing guidelines and so when the Court hear Kaylum’s case they would be looking first at disqualifying him for 7- 56 days.
This was devastating news for Kaylum. He was a lorry driver so his livelihood solely relies on him having his driving licence.
Kaylum told us that he had a clean licence, so would happily accept any points that the court imposed on him, if he could just avoid the disqualification.
This is where our case preparation began. We set out to prepare Kaylum’s case with the aim of trying to persuade the court to endorse Kaylum’s licence with 6 points as an alternative to disqualifying him.
The day of the court hearing came, and Kaylum was being represented by specialist solicitor Steve Williams. Steve has over 25 years experience representing clients charged with motoring offences, so was the best person to represent Kaylum.
Steve spoke with Kaylum before the court hearing and confirmed the details of his case, and his instructions.
Steve began to put forward his mitigation to the court to try and get Kaylum his 6 points rather than being disqualified.
It was then that the Legal Advisor at Mansfield Magistrates Court notified Steve of a discrepancy in Kaylum’s instructions to us, and the DVLA record of his driving licence.
At the time of the offence, Kaylum had 6 points on his licence.
This completely put a halt to the case as we had prepared it.
If Kaylum was awarded the 6 points, like we were mitigating to try and get, then he would fall to be disqualified for 6 months under the totting up procedure.
The only way to avoid this disqualification is to conduct a successful exceptional hardship application.
These applications are not easy. You are basically asking the court to accept that your client has committed numerous motoring offences which has made them reach 12 points, where under law they should be disqualified, but are asking for them not to impose this disqualification.
Exceptional Hardship applications take months of hard work, preparation and supporting documents.
Thankfully Kaylum had Steve represent him in court.
Steve held a short conference with the client to explain what had happened, and what was needed to keep him driving. He prepared a last minute Exceptional Hardship.
Steve went back into court and put forward Kaylum’s exceptional hardship application.
After deliberation, the bench came back and gave their verdict.
Kaylum’s Exceptional Hardship application was successful. His licence was endorsed with 6 points. But he was not disqualified.
Kaylum was absolutely over the moon. After the court hearing he had this to say:
“A massive thank you to all the team at Forrest Williams especially Steve, your customer care and can do attitude are amazing.
I cannot recommend you enough.”
When you have a matter in court that is going to destroy your life if it doesn’t go your way then you need the specialists on your side. While it’s never ideal to have to prepare a last minute Exceptional Hardship, we are used to working with tight deadlines and will be able to help.
Call our expert team now on 01623 600645.