Potential Driving Ban Reduced | Exceptional Hardship | Kangs Motoring Offences Defence Solicitors
The actor and creator of fictional TV character Alan Partridge, Steve Coogan, recently successfully pleaded exceptional hardship before Crawley Magistrates’ Court resulting in a reduced driving disqualification to a period of two months.
To read the article published on the the guardian please click here.
Sukhdip Randhawa of Kangs Solicitors explains the situation.
The Circumstances | Kangs Driving Offences Defence Solicitors
Mr Coogan pleaded guilty to a motoring offence at a time when he already had nine penalty points and he faced a six month ban under the ‘totting up’ procedure.
Mr Coogan explained to the Magistrates that the loss of his licence for a period of six months would result in the cancellation of a proposed television series requiring him to drive to various locations around Britain meeting people which, in turn, would result in financial difficulty for between fifteen and twenty other professionals engaged on the project and who would be without work.
The Magistrates accepted the application and agreed to impose a disqualification of only two months, which enabled the TV production to proceed as planned, plus a financial penalty.
What Is Exceptional Hardship? | Kangs Road Traffic Law Solicitors
Exceptional hardship has no legal definition.
However, the Court is obliged to consider:
- the defendant’s
- the nature of the driving offence
- the effect of a driving ban.
when assessing the severity of the implications of a ban upon the Defendant and whether or not it would amount to a hardship yield that is ‘normally suffered’.
As in Mr Coogan’s situation, the hardship does not have to be suffered by the defendant alone but can extend to others who are innocent, and will suffer as a result of any disqualification imposed.
In the reported case of Cornwall v Coke (1976) it was stated that the Court should take more notice of hardship to others as opposed to the offender himself.
How Can We Help ? | Kangs National Driving Offences Defence Solicitors
The team at Kangs Solicitors is accustomed to assisting clients faced with exceptional hardship following the potential loss of their driving licence.
We provide a national service from our offices in Birmingham, London and Manchester.
Please do not hesitate to contact our specialised team through any of the following if we can assist you: