At a recent court hearing, a man avoided a six-month driving prohibition after an argument of exceptional hardship was made by his defence lawyer.
Andrew Otto, 51, had pleaded guilty to using a hand-held mobile phone while driving on the A596 in Crosby on March 19. He had been convicted of a similar offence in May 2024, resulting in 6 points being added to his driving licence. The new offence added a further 6, taking the total to 12 points; this would normally trigger a mandatory driving ban of at least six months due to totting up rules.
Defence lawyer Duncan Campbell persuaded the court that a driving ban would likely cause one of Otto’s two businesses to fold, impacting employees and self-employed contractors. He also told the court that a ban would impair Otto’s ability to support his father, who has Parkinson’s disease, and his mother who has dementia. Presiding at Carlisle’s Rickergate court, the judge accepted that exceptional hardship would be caused to innocent parties, and the driving ban was not imposed.
Otto was ordered to pay a £400 fine, court costs of £130, and a victim surcharge of £160. Mr. Holden warned Otto that, having 12 points on his licence he would need to be extremely careful to avoid further driving offences, as the exceptional hardship argument cannot be reused within a 3-year period.
Courts are often reluctant to accept exceptional hardship arguments, and the help of experienced totting up solicitors in the preparation of the argument can be vital. If you face losing your licence, contact our team of experts at Auriga Advocates and we can talk through the options available to you.