TOP TRANSPORT LAWYER DEFENDS ‘EXCEPTIONAL HARDSHIP’ BAN PLEA

November 2011

A leading transport solicitor has come out in support of the current system of allowing motorists to carry on driving after they have received 12 points on their licences if they may face exceptional hardship.

Anton Balkitis, of Nottingham law firm Rothera Dowson, has described magistrates’ decisions as “wholly reasonable”, as it allows for a more flexible system of punishment than following the letter of the law alone.

In response to a recent study by road safety charity Brake and insurers Direct Line that claims more than 10,000 drivers have avoided being disqualified, Mr Balkitis said that each case has to be judged on its own merits, rather than having a blanket law to suit all situations.

The survey also suggested that the number of drivers who have escaped the ban means that the concept of the hardship being ‘exceptional’ was being stretched.

He added: “Depending on the degree, hardship to the offender’s friends and family may more readily be regarded as Exceptional Hardship than hardship to the offender himself. Those people are innocent whereas the offender is not.

“As a percentage of people holding a UK driving licence, the 10,000 cases highlighted are a very insignificant number indeed.”

Mr Balkitis also explained how the vast majority of drivers could reach the maximum number of points and face a disproportionate punishment, simply through unfortunate circumstances.

“For instance, a motorist caught driving at 36mph within a 30mph restriction may, by administrative error, fail to name the driver at the time of the offence. Suddenly that driver is going to be faced with nine points in one foul swoop. Having received three points for a minor traffic offence two and a half years ago, the Magistrates must disqualify for a minimum period of six months.

“In the absence of any formal direction for such a situation being incorporated into law, it seems the Exceptional Hardship plea remains the most reliable way to ensure each case is judged individually.”

Anton Balkitis was recently named as a leader in his field in the Chambers and Partners UK Guide – a long-standing publication that recognises the country’s leading lawyers and law firms. The prestigious Legal 500 Guide also named Rothera Dowson’s Road Transport department as “the best in the country”.

For more information or legal advice on pleading Exceptional Hardship, contact Rothera Dowson solicitors on 0800 124 4012 or visit www.keepmeontheroad.co.uk.