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#Post#: 121378--------------------------------------------------
Likelihood on losing license - speeding ticket with 11 points
DIR By: blkbrd26
Date: June 10, 2026, 10:51 am
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My partner has a court summons for a speeding offence, what is
the likelihood he’ll be banned? It’ll be heard at Chester
magistrates.
He’s pled guilty to the offence online and asked to come to
court in person so he can plead exceptional hardship in front of
the magistrates next week, as of right now we don’t have a
solicitor due to cost but do we need one?
For context, he’s had a clean driving license for 20 years but
in the last year has received 11 points (6 for texting while
stopped but vehicle on, 5 for careless driving incident). He
then got a speeding ticket for doing 36 in a 30, (not an excuse,
just context).
Regarding the exceptional hardship, he’s a full time logistics
driver so his job is based on him having a license with no
non-driving alternative so would instantly lose his job. He also
pays the mortgage on his children’s family home that he no
longer lives in, as well as CMS to their mother who works part
time. He’s also currently footing the bill for legal costs due
to ongoing custody proceedings which he obviously can only pay
as long as he has a job.
Without his job, he’ll be unable to continue paying the mortgage
on the home his children live in. Would exceptional hardship be
in play here? Thanks in advance for any help or advice.
#Post#: 121380--------------------------------------------------
Re: Likelihood on losing license - speeding ticket with 11
points
DIR By: JustLoveCars
Date: June 10, 2026, 12:03 pm
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Wasn't a course offered to avoid the points? [mod edit: and
this is relevant how?]
How the totting came about should not be considered by the
bench. Their guidance is thus:
When considering whether there are grounds to reduce or avoid a
totting up disqualification the court should have regard to the
following:
It is for the offender to prove to the civil standard of proof
that such grounds exist. Other than very exceptionally, this
will require evidence from the offender, and where such evidence
is given, it must be sworn.
Where it is asserted that hardship would be caused, the court
must be satisfied that it is not merely inconvenience, or
hardship, but exceptional hardship for which the court must have
evidence.
Almost every disqualification entails hardship for the person
disqualified and their immediate family. This is part of the
deterrent objective of the provisions combined with the
preventative effect of the order not to drive.
If a motorist continues to offend after becoming aware of the
risk to their licence of further penalty points, the court can
take this circumstance into account.
Courts should be cautious before accepting assertions of
exceptional hardship without evidence that alternatives
(including alternative means of transport) for avoiding
exceptional hardship are not viable.
Loss of employment will be an inevitable consequence of a
driving ban for many people. Evidence that loss of employment
would follow from disqualification is not in itself sufficient
to demonstrate exceptional hardship; whether or not it does will
depend on the circumstances of the offender and the consequences
of that loss of employment on the offender and/or others.
So they will need to demonstrate that the hardship they and/or
others will suffer is over and above that would be suffered by
other drivers. When explaining to the court that they will lose
their job, firstly they will need to present evidence of that
(e.g. a letter from employer) and then go on to explain why
alternative employment, not requiring them to drive, is not
possible. They will also need to explain why they think the
consequences of a ban are “exceptional” (bearing in mind the
above guidance). Bear in mind that they will have had some time
to investigate such possibilities and the court will expect them
to have investigated the possibility thoroughly.
--- Quote from: blkbrd26 link ---
>
> Would exceptional hardship be in play here?
>
--- End Quote ---
Only the court can decide that - but it does appear there might
be hardship for others.
#Post#: 121381--------------------------------------------------
Re: Likelihood on losing license - speeding ticket with 11
points
DIR By: andy_foster
Date: June 10, 2026, 12:12 pm
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Sorry, Doris Stokes has passed to the other side.
It is within the gift of the court. Much will depend on the
details of his arguments and how well he presents them. If he is
banned, what would or could he do? The fact that he would lose
his driving job does not in and of itself mean that he could not
find a non-driving job. What are his ex's circumstances? The
bench will want to know.
Received wisdom suggests that hardship liable to be suffered by
innocent dependents carries more weight, than that which the
criminal scum that brought this upon himself would suffer.
What we consider the likelihood of him keeping his licence,
based on negligible information is perhaps even more pointless
than the question itself.
If the court do not find that he (or others) would suffer
exceptional hardship, they must ban him for 6 months. If they
do, they can reduce that ban, potentially to zero. All that
matters is what they bench on the day decide - unless he does
not make an exceptional hardship argument, in which case we can
tell you exactly how likely it is that he will get a 6 month
ban.
If you/he want advice on how to present his argument, (i.e.
ignore irrelevant points and evidence that relevant points), we
can offer advice on his draft argument.
#Post#: 121466--------------------------------------------------
Re: Likelihood on losing license - speeding ticket with 11
points
DIR By: blkbrd26
Date: June 11, 2026, 9:06 am
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The Doris Stokes comment made me chuckle.
Helping phrase the argument would be great, thanks!
He can get a letter from his employer regarding his role being
reliant on having a license no problem. The only roles within
the company are that of driving roles, so an alternative doesn't
exist. Prior to this role, he was a teacher, but had to change
to this job after an unexpected 12 week hospital stay in
isolation meant he not only couldn't begin his next teaching
role but also felt unable to do so due to the impact being in
isolation for so long took on his mental health. He purely took
this role to be able to provide for his children.
He's been out of teaching now for nearly 2 years and getting
back into it on a full time contract is really difficult. Supply
teaching is an option but due to the nature of getting roles on
the day, doing so without a car is really difficult.
His employer would lose significant income if my partner lost
his license, as his contract is based on having a set driver
completing a set route 5 days a week.
His children's home is also reliant on his mortgage
contribution. Their mother has only ever worked part time and
has continued to do so for the last 3 years since they've been
separated, it is only in the last 2 months she's agreed to
contribute half of the mortgage, that in and of itself has been
an uphill battle. There's no way she'd be able to keep up with
the full payments on her own. He also has a debt management plan
with Stepchange due to debts amassed in lockdown that he needs
to keep up with the monthly repayments for.
He's also in ongoing custody proceedings which he's paying for
as his ex partner is refusing regular access to the kids. If he
loses his job now, he also won't be able to continue funding
this.
Finally, his mother is also ill with a stroke / TIA disorder
which means she's under regular hospital appointments that him
and his father take turns in getting her to.
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