Overview:
Our client, a self-employed mortgage consultant from Essex, faced a speeding matter at Colchester Magistrates’ Court. Because he already had 9 active penalty points on his licence, a further 3 points would ordinarily have led to a six-month “totting up” disqualification. Ashworth Motoring Law prepared and presented an exceptional hardship case, and the court ultimately accepted that hardship would result. The outcome was 3 penalty points, no ban, and a total financial penalty of under £300.
The allegation and the risk faced:
The case arose from a speeding offence which was referred to Colchester Magistrates’ Court for a disqualification hearing. Our client pleaded guilty at the earliest opportunity. leading to a one-third reduction in the level of the fine. The guilty plea meant the issue for the court was not whether the offence was proved, but whether the usual six-month totting disqualification should follow once the additional 3 points were imposed. At the time of sentence, our client already had 9 active penalty points. In most cases, reaching 12 points within the relevant period results in a six-month ban. That put his licence, and much more besides, at immediate risk.
The real-world consequences of a six-month disqualification:
The consequences of a six-month disqualification would have extended well beyond inconvenience.
Our client worked in mortgage consultancy and was the only person in the business able to carry out his specialist, client-facing role. His work required him to travel to face-to-face appointments and sites, and he relied on being able to attend those meetings personally. Losing his licence would have caused serious damage to the business and loss of work.
On top of that, he had substantial family responsibilities, and a six-month ban would have had significant and direct consequences for the practical running of family life.
The approach taken by Ashworth Motoring Law:
Ashworth Motoring Law approached the case as an exceptional hardship matter from the outset. We gathered supporting material, prepared the evidence, and provided extremely detailed instructions to the barrister conducting the hearing. Importantly, the defence strategy was aimed at avoiding any disqualification at all, rather than inviting the court to impose a short discretionary ban instead of points.
That distinction mattered. The case was prepared on the basis that the court should be invited to find exceptional hardship and then exercise its discretion not to impose the usual six-month ban. The supporting material focused on the real-world impact of disqualification across several key areas including work and family life.
We also advised our client on the law in detail before the hearing, so that he understood both the legal test and the consequences of the court’s decision. This careful preparation meant the case could be presented clearly, consistently and with proper evidential support.
The court hearing and outcome:
At the hearing, the barrister made submissions on our client’s behalf. Our client gave evidence, and supporting documents were handed to the court. The Magistrates accepted that imposing the usual six-month totting disqualification would cause exceptional hardship.
As a result, the court exercised its discretion not to impose any ban.
This meant that, although the speeding offence was sentenced in the usual way with points and a financial penalty, the court did not impose the six-month disqualification that would ordinarily have followed.
Why this case mattered:
This case mattered because it shows how a properly prepared exceptional hardship argument can help the court understand the true impact of a totting-up disqualification.
The issue was not simply that a ban would have been difficult. The evidence showed that it would have threatened our client’s ability to carry out the core role in his business and meet important family responsibilities. Those combined features were central to the court’s decision.
Whilst every exceptional hardship case turns on its own facts, the result in this case shows the value of early advice, careful preparation and focused advocacy where disqualification is a real risk.
What our client had to say in his testimonial feedback review:
“I was impressed at the ease I was made to feel when first contacting AML [Ashworth Motoring Law]. Prior to my court date, I had never appeared in court for any matter and was not sure what to expect. AML talked me thoroughly through the process, gathered information pertinent to my case and we discussed how and why to present in court. In court, my Barrister, Ms I Russo was excellent and helped me secure the decision we were looking to obtain. Should I speak to anyone else in a similar scenario, I would recommend AML with no hesitation.“
When asked what he liked most about the service provided by Ashworth Motoring Law, he said:
“I chose to work with Ashworth Motoring as I liked how personal the service came across as being when I made initial and subsequent contact. I prefer to be seen as an individual and note just a number and this was what drew me to work with yourselves.“
Facing a totting up ban? Talk to Ashworth Motoring Law:
If you are facing a totting-up ban or are in any other way at risk of a driving disqualification, early specialist advice can make a significant difference. Ashworth Motoring Law can assess the facts of your case, advise you on the available options, and prepare the strongest possible argument on your behalf.
If you need urgent advice about a court hearing and are facing a potential driving ban, contact Ashworth Motoring Law promptly on 0330 33 22 770 to discuss how we can help.
