Driving Ban Avoided | Client Delighted
KANGS has successfully assisted our client avoid disqualification from driving despite his accumulation of a very substantial level of penalty points on his driving licence.
Not only had he received three summonses relating to speeding offences on three separate occasions, which he admitted, but his driving licence was already subject to nine current penalty points for previous offences.
Our client had been summoned to attend a court hearing. He appeared to face an almost certain disqualification from driving for a minimum period of six months.
Sukhdip Randhawa of KANGS outlines how this tremendous outcome was achieved.
The Relevant Law
The Road Traffic Offenders Act 1988 provides:
s. 35 Disqualification for repeated offences.
Where a person is convicted of an offence, to which this section applies, and the penalty points to be taken into account on that occasion number twelve or more:
‘the court must order him to be disqualified for not less than the minimum period unless the court is satisfied, having regard to all the circumstances, that there are grounds for mitigating the normal consequences of the conviction and thinks fit to order him to be disqualified for a shorter period or not to order him to be disqualified.
The minimum period referred to above is six months…’
How We Assisted Our Client
Upon taking our client’s instructions, we formed the view that, potentially, disqualification from driving may be avoidable upon the grounds of exceptional hardship.
Our client held a specialised role within the business, necessitating extensive travel across the country by car. This position often required him to work seven days a week, undertaking an extensive number of hours.
If our client was disqualified from driving, there existed the possibility that a number of other employees and subcontractors would also lose their employment through lack of new business which our client strived to attract.
Additionally, our client was actively engaged in the rehabilitation of offenders from a local prison both by providing them with employment opportunities and securing placements with other employers. Our client was also involved in substantial charitable work. Both efforts would also be impacted.
The team at KANGS collated all relevant material required for presentation to the court, including obtaining testimonies from the Trustees of several Charities with which our client worked.
The Successful Outcome
At the hearing, the material carefully prepared and presented by our experienced solicitors was considered. The judge's decision included reasons such as potential loss of sales, related job losses, and impact on charity work. As a result, our client received an additional nine points on their licence and a fine.
In conclusion, the client successfully avoided a driving ban, much to their relief and satisfaction. He was naturally overjoyed and expressed his gratitude on behalf of himself and his colleagues.
This result underscores the critical importance of expert legal assistance in navigating legal challenges and achieving favourable outcomes.
How We Can Help
We have been representing clients in courts in relation to driving offences for over twenty-five years. Whether you are facing a driving ban, allegations of careless driving, speeding, totting up or other driving offences, we urge you to contact us for expert representation.
The team at KANGS possess extensive experience in this area of practice and are dedicated to providing you with the highest level of legal assistance.
Please feel free to contact our team using the details below, and we will be happy to assist you:
Tel: 0333 370 4333
Email: info@kangssolicitors.co.uk
We provide initial no obligation discussion at our three offices in London, Birmingham, and Manchester. Alternatively, discussions can be held through live conferencing or telephone.
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