Kangs Solicitors has successfully assisted a businessman, who had been summonsed to Court for an offence of driving a motor vehicle whilst uninsured, retain his driving licence.
Suki Randhawa of Kangs Solicitors explains the basis for this success.
The Circumstances | Kangs Driving Offences Defence Solicitors
- Prior to this incident, our client had already accumulated six points on his licence and faced the prospect of being disqualified under the ‘totting up’ provisions for a period of six months which would have had a devastating effect upon his family life and business.
- Our client was found driving his motor vehicle on 16th July 2019 with no insurance.
- Our client established that he paid for his motor insurance on a monthly basis via direct debit but his insurance had been terminated automatically by the insurance company in May 2019 and he instructed us that he had not been provided with any notification of this action.
- He categorially denied that he had requested that the insurance be stopped and was able to prove that he had sufficient funds in his bank account to continue to meet the direct debit mandate.
- We advised him that, although he would have to plead guilty to the strict liability offence of having no insurance, the surrounding circumstances may support an argument that he had ‘special reason’ to persuade the Court not to endorse his licence.
- Our client had a number of additional mitigating factors in his favour including that he was self-employed, the owner of a supermarket that provided goods and services for Eastern European nationals, that he travelled extensively to source his produce and that if he was unable to drive this would have a dramatic effect upon his business with him potentially having to reduce the number of staff that he employed.
- Additionally, he had left the UK in May of 2019, at the point when his insurance payments had ceased being been taken from his account, in order to get married abroad, and had already been stopped when he returned to the UK. He had made an application for his spouse to join him in the UK and, if he was no longer in work, this would have had an effect upon his spouse and her chances of joining him in the UK.
- Having considered all of the above, the clients was that if the ‘special reasons’ argument was dismissed by the Court, an ‘exceptional hardship’ argument could be advanced on his behalf.
The Hearing | Kangs Solicitors Motoring Offences Team
At the Hearing at Birmingham Magistrates’ Court, the Magistrates decided that our client had ample opportunity to check that he was still insured and that had he checked his bank statements he would have noted that payments were not being made to the insurance company. Therefore the ‘special reasons’ argument did not succeed.
The ‘exceptional hardship’ argument was then advanced on our client’s behalf which included our client giving evidence under oath and being cross examined by the prosecution.
Following detailed argument put forward by Kangs Solicitors outlining the exceptional hardship that our client would suffer, the Magistrates confirmed that they did find exceptional hardship and, although our client was fined and his licence endorsed with six penalty points, he was not disqualified from driving.
How Can We Help? | Kangs National Driving Offences Defence Solicitors
The team at Kangs Solicitors is accomplished and accustomed to assisting clients faced with the risk of losing their driver’s licence. We have many years of experience of assisting clients by either putting forward exceptional hardship or special reasons arguments to avoid disqualification.
Should you be faced with the prospect of any of the above, it is important that your case is presented thoroughly and expertly.
Please do not hesitate to contact our specialised teams through any of the following if we can assist you.