Senior Area Manager Keeps Her Licence — and Her Career

Overview:

Our client; a Scotland-based senior area manager faced a potentially career-ending six-month driving ban after accumulating 12 or more penalty points through a series of speeding offences. With her livelihood, her home, and the livelihoods of hundreds of employees who depended on her leadership all at risk, Ashworth Motoring Law moved swiftly to prepare a robust exceptional hardship application. At Court, the Magistrates accepted that disqualification would cause exceptional hardship and imposed no ban whatsoever. Our client kept her licence, her company car, and her job.

At a Glance — The Outcome:

✔  No driving ban

✔  3 penalty points added

✔  Financial penalties totalling under £300

✔  Exceptional hardship found by magistrates

✔  Client kept her driving licence and her job

The Allegation:

Our client was alleged to have driven at 36 mph in a 30-mph limit on a restricted road, captured by average speed cameras. She had already accumulated 9 active penalty points on her driving licence before this offence; the result of a period of significantly increased driving demands at work.

By pleading guilty, the court imposed a further 3 penalty points, as expected, bringing her total to 12 within a three-year period. Under the ‘totting-up‘ provisions of Section 35 of the Road Traffic Offenders Act 1988, a driver who reaches 12 or more penalty points must be disqualified for a minimum of six months unless the court is satisfied that exceptional hardship would result.

What Was at Stake:

The consequences of a six-month ban for were severe and wide-reaching. As a field-based area manager, she was personally responsible for almost 20 stores spread across Scotland and Northeast England. She drove between 500 and 1,000 business miles per week in a company car:

• She could not realistically use public transport for the vast majority of her store locations, many of which are in remote or out-of-town areas.
• A driving ban would cause her to lose her job with immediate effect.
• There was no comparable alternative role her employer could offer her.
• She was solely responsible for the management and wellbeing of over 200 employees within her area.

The financial picture was equally serious. Our client was a single homeowner with a mortgage and had no savings to fall back on. Losing her job would leave her unable to meet her mortgage repayments or service her debts — placing her at real risk of losing her home and potential County Court proceedings or bankruptcy.

Our Approach:

From the outset, Ashworth Motoring Law recognised that this case required careful, thorough preparation. We took the following steps:

• Prepared the matter for a guilty plea combined with a formal exceptional hardship application under Section 35(4) of the Road Traffic Offenders Act 1988.
• Obtained detailed mitigation evidence from our client which considered all the ways in which she relied upon her licence, and the innocent third parties who would be affected if she were to be disqualified from driving for 6-months.
• Gathered supporting character references from senior colleagues, confirming that a driving licence was an essential requirement of her role and that she was a highly valued member of the organisation.
• Wrote to the court in advance to ensure that adequate court time could be allocated on the day.
• Instructed an experienced barrister to conduct the advocacy and present the evidence at Court.
• Ensured our client was fully prepared to give evidence on oath at the hearing and understood the procedure she would face

How the Ban Was Avoided:

At the hearing, our barrister made opening submissions to the magistrates followed by carefully taking our client through her evidence through questioning. Our barrister then made full closing submissions addressing: the inevitability of job loss; her employer’s inability to offer any alternative role; the significant detriment to her career; the practical impossibility of performing her duties without a car; and the serious financial hardship that would follow, up to and including the loss of her home.

The magistrates carefully considered the evidence and submissions and found that disqualifying our client for six months would cause exceptional hardship within the meaning of the statute. They exercised their discretion not to impose any period of disqualification.

The Result:

No disqualification was imposed, and our client kept her driving licence.

Why This Mattered:

Our client was understandably extremely relieved at the outcome.

For our client, the outcome was life-changing. Without her driving licence, she would have lost a senior management career she had built steadily over many years, a home she owned, and her primary support network. The risk of bankruptcy was real. The result meant she could return to Scotland and continue doing the job she was passionate about, supporting and developing the large team that relied on her day to day.

It is also a reminder that an exceptional hardship application is not straightforward. Magistrates scrutinise the evidence closely, and the threshold is deliberately high. Proper preparation and development of the exceptional hardship argument, credible character references, and a well instructed barrister were instrumental in making the difference between a successful outcome and a six-month ban that would have changed the course of this client’s life.

What our client had to say:

“Due to increased geographical job scope, I unfortunately accrued 12 points for speeding within a 6 month period, albeit they were marginally over the speed limit , I was at risk of losing my license due to the ‘totting up’ rule.

Ashworth did a brilliant job throughout my case, putting me at ease straight away. I require my license to fulfil my job role, I would of lost my job had a ban been enforced. The team were great in dealing with my case, given I live in Scotland I had to find a lawyer in England quickly to deal with my case.

The process was quick and stress free. Resulting in me keeping my license with a small fine to pay. I would most definitely recommend Ashworth to anyone looking for help in any motoring offences.“

When asked what she liked most about our business she said:

“Fast, efficient, clear concise communication throughout the whole process. Eased stress levels given the circumstances.“

Solicitor with conduct of the case:

Colette Ashworth; Senior Solicitor and Director of Ashworth Motoring Law.

Facing a totting-up ban? Contact Ashworth Motoring Law today:

At Ashworth Motoring Law, exceptional hardship applications are at the heart of our specialist practice. We have significant experience in preparing and presenting these cases, and we understand precisely what magistrates need to hear and critically, what they need to see in evidence.

If you are facing a totting-up disqualification, it’s vital to ensure that the case is expertly prepared and supported with relevant evidence well in advance of any Court hearing.   Early instruction allows adequate time for proper preparation, and in our experience, preparation is almost always the deciding factor.  Contact Ashworth Motoring Law today to discuss your situation in confidence. We are here to help you understand your position and to give you the very best opportunity of avoiding a 6-month ban. We offer fixed fees, so contact us as soon as possible on 0330 33 22 770; the earlier we are involved, the more we can do.