Our client was required to appear before the Magistrates’ Court, facing prosecution for driving at 102mph, in excess of the 70mph speed limit in force on a dual carriageway. At this speed, the Magistrates’ Court Sentencing Guidelines provide that a motorist driving at such speed ought to be disqualified from driving (for the specific offence) for a period of 7-56 days. The guidelines also suggest the imposition of 6 penalty points, as an alternative, but there is a distinct emphasis on disqualification.

At the relevant time of the offence, the individual was within his two year ‘probationary period’ of driving. Therefore, even if he were to imminently avoid a period of disqualification for the specific offence and the Magistrates’ elected to endorse his driving licence with penalty points, the guidelines suggest the imposition of no fewer than 6. In such circumstances, his driving licence would be automatically revoked by the Secretary of State pending a further driving test, in accordance with The Road Traffic (New Drivers) Act 1995.

Tej Thakkar of Traffic Lawyers did not accept the inevitability of a lengthy disqualification. He presented the Court with mitigation in respect of the offence and the offender. In particular, the Court was addressed on the absence of any aggravating factors, personal circumstances of the client, his exemplary driving record and the implications of any and all driving ban. In view of the subsequent and invariable ramifications were his licence to be endorsed with 6 penalty points, Tej Thakkar invited the bench of Magistrates to exercise their discretion to operate outside of the Sentencing Guidelines and impose fewer than 6 penalty points.

Following some deliberation, the Magistrates’ decided to exercise such discretion and dispose of the case by endorsing our client’s driving licence with 5 penalty points and imposing a fine of £320. The client was extremely pleased with the outcome of the case, having not received any period of disqualification nor being required to successfully complete a further driving test.

This case confirms there is no such thing as a ‘lost cause’ or the inevitability of a driving disqualification.

If any of the issues outlined in this article affect you, please feel free to contact a member of the Traffic Lawyers Team, who will be pleased to assist you.