A Cheshire-based businessman has avoided a totting up ban after using the exceptional hardship argument at a hearing in Chester Magistrates’ Court.
Craig McKenzie Abbotson, 65, of Fulshaw Park South, Wilmslow, had pleaded guilty to using a hand-held mobile phone while driving.
At the hearing on August 20, Abbotson’s licence was endorsed with six penalty points and he was ordered to pay a fine of £166 fine and £110 in costs. The six points would have led to a totting up ban, had his plea of exceptional hardship been unsuccessful.
The magistrates were persuaded that, should Abbotson be disqualified from driving, he would be unable to carry out essential caring duties for members of his family. Additionally, a driving ban would cause significant loss of business, leading to missed mortgage payments and potential homelessness.
Advances in camera technology are leading to more mobile phone driving offences coming to light, and the penalty points given for these can lead to a mandatory driving disqualification of at least 6 months. Courts can be reluctant to accept exceptional hardship arguments, so expert advice and persuasive evidence are absolutely essential.
If you are faced with a potential ban due to totting up, solicitors at Auriga Advocates will be able to advise you on whether an exceptional hardship argument could be successful, and how best to present it to the court. We have a good track record for defending all types of driving offences, so please contact us soon for reliable advice and support.