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Legal help may put the brakes on a driving ban

26/08/2017

For people who drive many miles as part of their work or rely on their car for transport, a potential driving ban could be crippling.

If you were unable to visit clients or customers, meet with suppliers or conduct your business without a car, what would it mean to your business or employees?
 
As corporate litigation expert Elisabeth Glover,, a solicitor with Wolverhampton law firm FBC Manby Bowdler explains, if you’re facing 12 points on your licence, it doesn’t always have to lead to a driving ban:

“High profile cases of speeding recently have included sports personalities Freddie Flintoff and Amir Khan. In July, cricketer Freddie dodged a driving ban despite having a series of motoring convictions and in the same month, boxer Amir was given six points to add to his existing three.  

“However, an increasing number of points doesn't necessarily mean a ban. Last year, we represented a company director who avoided a driving ban despite having more than 12 points on their licence.  They had been caught speeding several times at excessive speeds but we were able to demonstrate that a disqualification would cause exceptional hardship due to personal circumstances.”

“Whilst we’re not advocating that drivers should have a blatant disregard for the law, if you are in a similar position, it is always advisable to seek professional legal advice in case a ban could be avoided.”

Elisabeth said there were some offences where a ban is mandatory but in cases when you accumulate points on your licence, under the Road Traffic Offenders Act 1988, a court could reduce or withhold a ban altogether.  

“A lawyer will be able to examine the background in to the offences and your personal circumstances to mitigate your case and explain what could cause ‘exceptional hardship’ to the defendant or their immediate family or colleagues.

“While it may not be enough to argue for example, that a driving ban may cause a person to lose their job, if that person not being able to drive could lead to a loss of business and a company facing financial hardship and possibly redundancies, that may win an argument for exceptional hardship.

“For many people, driving offences may be their only contact with a court of law. It can be very tempting to try and get the matter over and done with or believe that you could persuade magistrates, but an investment in legal advice at the earliest opportunity may pay dividends later on down the line,” she added.

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