Aldwych Legal acted for Mr James Calvert, a longstanding driver who faced a possible totting-up driving ban after nine points from prior offences. His wife depended on him for travel to work and for a small scarf business; losing his licence would have severely impacted their livelihood. This case concerns the exceptional hardship defence in driving offences in the UK.
What Happened
Mr Calvert had driven for many years. After a recent speeding incident, he faced a potential disqualification under the totting-up regime because his points reached the threshold. His wife runs a small scarf business with markets across London, and her working pattern relies on his ability to drive. The risk of a ban threatened the family’s income and daily mobility.
Legal Issues
- Whether the court should exercise the exceptional hardship defence to avoid disqualification in a totting-up case.
- Whether the evidence showed that disqualification would cause undue hardship to the client or his wife in a UK working context.
- Application of relevant case-law and standards for exceptional hardship in driving offences.
Our Approach
Aldwych Legal advised on the prospects of the exceptional hardship defence at an early stage, gathered evidence from the client and his wife, and prepared concise submissions for the court. The team reviewed driving offence law and prepared to explain how a ban would impact the family business and daily life. We presented a clear narrative to the magistrates to support the hardship case.
Outcome
The court considered the exceptional hardship submissions and decided not to disqualify Mr Calvert. He retained his licence, enabling him to continue to support his wife and family business, avoiding the hardship argued in court.
Result / Why It Matters
Aldwych Legal’s approach demonstrates how well-prepared advocacy and a carefully crafted exceptional hardship argument can protect livelihoods in driving offences. This case showcases our capability in navigating criminal law to achieve practical, humane outcomes for clients.
