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Hardship Argument Solicitors Leeds, Wakefield & Pontefract
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As a firm of solicitors based in Leeds, Wakefield & Barnsley, our team of
road traffic defence lawyers are able to attend Wakefield,
Leeds, Huddersfield, Dewsbury, Barnsley and Pontefract
Magistrates Courts or police stations at short notice
to defend your case.
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Hardship Argument Solicitors, Leeds, Wakefield & Pontefract
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Totting up and pleading exceptional hardship
If a driver defendant amasses 12 of more penalty points
within a 3 year period then he is a totter. A totter must
be disqualified from driving for a minimum period of 6
months (or more if he has totted before).
However if the totter can show that exceptional hardship
would result from a totting disqualification, then the
mandatory 6 months disqualification period can be avoided.
The hardship suffered must be exceptional. A mere loss
of employment alone will usually not be sufficient and
defendants are usually expected to show that a disqualification
would lead to hardship being caused to other innocent
parties, e.g. to family members, employers or employees.
A special exceptional hardship hearing will take place
and the defendant will be expected to give evidence on
oath and to provide evidence to support his argument.
He can expect to have to answer detailed questions put
by the magistrates and their legal advisor.
We have a great deal of experience in presenting these
cases to the courts and are able either to advise totter
how best to gather and give evidence, prepare for the
hearing and deal with court procedure. We can of course
also attend court to present the argument, take you through
your evidence and deal with the case from start to finish
or simply write to the court to outline your argument. |
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If successful then the totting disqualification is
avoided but all the points remain on the totters licence
so if he accumulates more points before falling back
below the 12 point threshold as points become ¢spent¢
then he will tott again. This is very significant because
a defendant cannot argue exceptional hardship based
on the same grounds twice in any three year period.
Some cases do throw up an anomaly in the law:
Suppose you have 9 points on your licence and are caught
driving at 30mph or more over the limit, say for example
100mph on the motorway. There are two ways forward for
the magistrates, they could impose a short period of
disqualification of a few weeks or impose penalty points.
A short ban is technically the more severe penalty but
could be preferable to points because if points are
imposed then the driver is at risk of a totting disqualification.
Exceptional hardship cannot be pleaded to avoid a drink
driving ban.
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Hardship Argument Solicitors Leeds, Wakefield & Pontefract
Daniel Smith
Hardship Argument Solicitor, Leeds / Wakefield / Pontefract. Daniel obtained an LLB
Hons in 1998 having previously worked in stock management/retailing
for a West Yorkshire plc dealing with a multi-million pound budget.
John Wilkinson
Hardship Argument Solicitor, Leeds / Wakefield / Pontefract. John holds the Higher Rights of Audience (Criminal Courts) qualification,
enabling him to conduct cases himself without a Barrister at the Crown
Court.
Katie Edmondson
Hardship Argument Solicitor, Leeds / Wakefield / Pontefract. Katie Graduated with
an Honours degree in Law at Sheffield Hallam University before completing
her post-graduate studies at the College of Law in York.
Emma Radley
Hardship Argument Solicitor, Leeds / Wakefield / Pontefract. Emma graduated from
Liverpool University in 2004 with an Hons degree in Law. She then
obtained a Post Graduate Diploma in Legal Practice from the College
of Law in York. |
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