A former soldier is set to face a driving ban after previously being spared of such a punishment due to an exceptional hardship argument.
On March 10 at The Isle of Wight Magistrates’ Court, Tom Engelgardt was warned that he would not be able to rely on an exceptional hardship argument to escape an impending driving ban due to totting up rules.
Engelgardt, an Isle of Wight resident, was caught speeding on March 17, 2025. His Land Rover was recorded travelling at 36 mph in a 30-mph zone. Having earlier pleaded guilty, he was granted an adjournment to enable him to seek legal advice. He will be sentenced on March 31.
In January this year, Engelgardt was handed six licence points for an earlier driving offence, taking his total to 12. This would normally mean a mandatory driving prohibition of at least six months. The court did not impose the ban on this occasion, however, as Engelgardt successfully made an exceptional hardship argument, claiming that he would lose his lorry driving job and home.
Exceptional hardship arguments cannot be repeated within a three-year period unless based on distinctly different criteria. In Engelgardt’s case, he will not be able to use “loss of job and home” as grounds for another exceptional hardship argument.
If you are facing a ban due to totting up, solicitors here at Auriga Advocates can help. Contact us today for specialist support to get the best possible outcomes for you and your family.