• 0800 015 0340
  • Contact Us
    • All Offices
    • Leeds City Centre
    • Bradford
    • Guiseley
    • Halifax
    • Horbury
    • Huddersfield
    • Morley
    • Wakefield
    • Darlington
  • IIC logo
Menu
  • About Us
    • Frequently Asked Questions
  • Vision & Values
    • Visions & Values
    • Health and Wellness
    • Charity & Community
    • Prizes & Awards
    • Sponsorship
  • Your Team
  • Media
    • The Hub
    • Downloads
  • Free Training
  • Careers
  • Testimonials
Chadwick Lawrence
Trustpilot
  • Business Services
    • Employment Law
      • Employment Law
      • BoxHR
      • Tribunal Support for Employers
      • Managing Grievances & Disciplinaries
      • Contracts & Company Policies
      • Restrictive Covenants & Business Protection
      • Restructures, Redundancies & Business Transfers (TUPE)
      • Sickness and Capability
    • Complete Property Solutions
      • Complete Property Solutions
      • Commercial Property Transactions
      • Development & New Build Sales
      • Property Dispute Resolution
      • Sales & Purchases of Property
      • Commercial Land Development
      • Boundary Disputes, Land Ownership, Rights, Breach of Contract, Misrepresentation & Damage to Property
      • Leases of Commercial Premises for Landlords or Tenants
      • Land Acquisition for Residential Development & New Build Sales
      • Breaches of Leases, Rent & Service Charge Issues
      • Mortgage Finance & Security
      • Option Agreements & Conditional Contracts
      • Claims Against Property Professionals
      • Leasehold Management
      • Planning Agreements
      • Judicial Review
      • blank
      • blank
      • Lease Renewals, Termination & Dilapidations
    • Corporate Recovery & Insolvency
      • Corporate Recovery & Insolvency
      • Administration
      • Fraudulent Trading
      • Wrongful Trading
      • Preferences
      • Transactions at an Undervalue
      • Director Disqualification
      • Company Restoration
      • Winding-Up Petitions
      • Statutory Demands
      • Individual Voluntary Arrangements
      • Bankruptcy
      • Validation Orders
      • Administrative Receivership
      • Company Voluntary Arrangements
      • Liquidations
      • FAQs Corporate Recovery
    • Intellectual Property
      • Intellectual Property
      • Contracts and Licenses
      • Trademarks
      • Design Rights
      • Enforcement
      • Restrictive Covenants
      • FAQs Intellectual Property
    • Litigation in Business
      • Litigation in Business
      • Contractual Disputes
      • Construction Disputes
      • Professional Negligence
      • Restrictive Covenant Solicitors
      • Banking & Finance
      • Debt Collection & Recovery
      • Directors and Partnership Internal Disputes
      • FAQs Litigation in business
      • Complete Property Solutions (Property Dispute Resolution)
      • Social Housing Management
    • Media Law and Reputation
      • Media Law and Reputation
      • Pre-Publication and Crisis Management
      • After Publication
      • Online Reputation
      • Defamation
      • Harassment
      • Privacy
    • Regulatory Services
      • Regulatory Services
      • Coroners Inquests
      • Licensing
      • Sports Regulation
      • Health and Safety Investigations
      • Trading Standards
      • Box GDPR
      • BoxLegal
      • Immigration & Workers
      • Transport Law
    • Sports Law
      • Sports Law
      • Club Services
      • Player / Coach Services
      • Regulatory Services
      • Private Client Services
    • Commercial Contracts
      • Commercial Legal Retainer
      • Consultancy Agreements
      • Loan Agreements
      • Franchise Agreements
      • Agency and Distribution Agreements
      • NDAs
      • Contract Drafting
      • Terms & Conditions
    • Corporate
      • Buying or Selling a Business
      • Business Restructuring
      • Succession Planning
      • Shareholders’ Agreements
      • Partnership and LLP Agreements
      • Employee Share Incentives
      • Business Funding
      • Company Formations
  • Personal Services
    • Road Traffic & Motoring Law
      • Road Traffic & Motoring Law
      • Drink Driving
      • Speeding & Disqualification
      • Driving Without Due Care & Attention
      • Use of a Mobile Phone
      • Driving Without Insurance
      • Drug Driving
      • Dangerous Driving
      • Failure to Provide Information
      • Road Traffic and Motoring Offences
    • Media Law and Reputation
      • Media Law and Reputation
      • Pre-Publication and Crisis Management
      • After Publication
      • Online Reputation
      • Defamation
      • Harassment
      • Privacy
    • Dispute Resolution
      • Dispute Resolution
      • Property Dispute Resolution
      • Contentious Probate
      • Court Proceedings
      • Debt Matters
      • Private Contract Disputes
      • Professional Negligence
      • FAQs
    • Employment Law
      • Employment Law
      • Disciplinary
      • Grievance Advice
      • Employment Tribunal
      • Settlement Agreements
      • Restrictive Covenants
      • Exit Packages
    • Family Solicitors
      • Family Solicitors
      • Divorce
      • Civil Partnership
      • Financial Settlements After Divorce and Dissolution
      • Pre-nuptial and Post-nuptial Agreements
      • Adoption
      • Grandparents Rights
      • Family Law Service: Fees
      • Mediation Solicitors
      • Financial Support For Your Children
      • Separation Agreement Solicitors
      • Cohabitation Agreements
      • Collaborative Law Solicitors
      • FAQs
    • Home & Property Services
      • Home & Property Services
      • Remortgaging
      • Buying and Selling
      • Property FAQs
    • Clinical Negligence
      • Clinical Negligence
      • Accident & Emergency
      • Amputations
      • Birth Injuries
      • Brain Injuries
      • Cancer Cases
      • Cardiology
      • Ear, Nose & Throat
      • Eye Conditions & Surgery
      • Gastroenterology
      • General Practitioner (GP)
      • Genetic Conditions
      • Gynaecology
      • Neurology / Nerve Damage
      • Orthopaedics & Rheumatology
      • Paediatrics
      • Respiratory Disorders
      • Spinal Cord Injuries
      • Surgery
      • Urology & Renal
      • Vascular Conditions & Vascular Surgery
    • Personal Injury Solicitors
      • Personal Injury Solicitors
      • Slip, Trip or Fall Accident Claim
      • Accident At Work Claims
      • Road Traffic Accident Solicitors
      • FAQs
    • Wills & Probate Solicitors
      • Wills & Probate Solicitors
      • Disputed Wills
      • FAQs
      • International Legal Matters
      • Lasting Powers of Attorney (LPA)
      • Succession Planning
      • Trusts
      • UK Tax Planning
    • Court of Protection
      • Court of Protection
      • Lay Deputyship Advice
      • Personal Injury Trusts
      • Professional Deputyships
      • Statutory Wills
  • Business Services
    • Business Services
      • Employment Law
        • Employment Law
        • BoxHR
        • Tribunal Support for Employers
        • Managing Grievances & Disciplinaries
        • Contracts & Company Policies
        • Restrictive Covenants & Business Protection
        • Restructures, Redundancies & Business Transfers (TUPE)
        • Sickness and Capability
      • Complete Property Solutions
        • Complete Property Solutions
        • Commercial Property Transactions
        • Development & New Build Sales
        • Property Dispute Resolution
        • Sales & Purchases of Property
        • Commercial Land Development
        • Boundary Disputes, Land Ownership, Rights, Breach of Contract, Misrepresentation & Damage to Property
        • Leases of Commercial Premises for Landlords or Tenants
        • Land Acquisition for Residential Development & New Build Sales
        • Breaches of Leases, Rent & Service Charge Issues
        • Mortgage Finance & Security
        • Option Agreements & Conditional Contracts
        • Claims Against Property Professionals
        • Leasehold Management
        • Planning Agreements
        • Judicial Review
        • blank
        • blank
        • Lease Renewals, Termination & Dilapidations
      • Corporate Recovery & Insolvency
        • Corporate Recovery & Insolvency
        • Administration
        • Fraudulent Trading
        • Wrongful Trading
        • Preferences
        • Transactions at an Undervalue
        • Director Disqualification
        • Company Restoration
        • Winding-Up Petitions
        • Statutory Demands
        • Individual Voluntary Arrangements
        • Bankruptcy
        • Validation Orders
        • Administrative Receivership
        • Company Voluntary Arrangements
        • Liquidations
        • FAQs Corporate Recovery
      • Intellectual Property
        • Intellectual Property
        • Contracts and Licenses
        • Trademarks
        • Design Rights
        • Enforcement
        • Restrictive Covenants
        • FAQs Intellectual Property
      • Litigation in Business
        • Litigation in Business
        • Contractual Disputes
        • Construction Disputes
        • Professional Negligence
        • Restrictive Covenant Solicitors
        • Banking & Finance
        • Debt Collection & Recovery
        • Directors and Partnership Internal Disputes
        • FAQs Litigation in business
        • Complete Property Solutions (Property Dispute Resolution)
        • Social Housing Management
      • Media Law and Reputation
        • Media Law and Reputation
        • Pre-Publication and Crisis Management
        • After Publication
        • Online Reputation
        • Defamation
        • Harassment
        • Privacy
      • Regulatory Services
        • Regulatory Services
        • Coroners Inquests
        • Licensing
        • Sports Regulation
        • Health and Safety Investigations
        • Trading Standards
        • Box GDPR
        • BoxLegal
        • Immigration & Workers
        • Transport Law
      • Sports Law
        • Sports Law
        • Club Services
        • Player / Coach Services
        • Regulatory Services
        • Private Client Services
      • Commercial Contracts
        • Commercial Legal Retainer
        • Consultancy Agreements
        • Loan Agreements
        • Franchise Agreements
        • Agency and Distribution Agreements
        • NDAs
        • Contract Drafting
        • Terms & Conditions
      • Corporate
        • Buying or Selling a Business
        • Business Restructuring
        • Succession Planning
        • Shareholders’ Agreements
        • Partnership and LLP Agreements
        • Employee Share Incentives
        • Business Funding
        • Company Formations
  • Personal Services
    • Personal Services
      • Road Traffic & Motoring Law
        • Road Traffic & Motoring Law
        • Drink Driving
        • Speeding & Disqualification
        • Driving Without Due Care & Attention
        • Use of a Mobile Phone
        • Driving Without Insurance
        • Drug Driving
        • Dangerous Driving
        • Failure to Provide Information
        • Road Traffic and Motoring Offences
      • Media Law and Reputation
        • Media Law and Reputation
        • Pre-Publication and Crisis Management
        • After Publication
        • Online Reputation
        • Defamation
        • Harassment
        • Privacy
      • Dispute Resolution
        • Dispute Resolution
        • Property Dispute Resolution
        • Contentious Probate
        • Court Proceedings
        • Debt Matters
        • Private Contract Disputes
        • Professional Negligence
        • FAQs
      • Employment Law
        • Employment Law
        • Disciplinary
        • Grievance Advice
        • Employment Tribunal
        • Settlement Agreements
        • Restrictive Covenants
        • Exit Packages
      • Family Solicitors
        • Family Solicitors
        • Divorce
        • Civil Partnership
        • Financial Settlements After Divorce and Dissolution
        • Pre-nuptial and Post-nuptial Agreements
        • Adoption
        • Grandparents Rights
        • Family Law Service: Fees
        • Mediation Solicitors
        • Financial Support For Your Children
        • Separation Agreement Solicitors
        • Cohabitation Agreements
        • Collaborative Law Solicitors
        • FAQs
      • Home & Property Services
        • Home & Property Services
        • Remortgaging
        • Buying and Selling
        • Property FAQs
      • Clinical Negligence
        • Clinical Negligence
        • Accident & Emergency
        • Amputations
        • Birth Injuries
        • Brain Injuries
        • Cancer Cases
        • Cardiology
        • Ear, Nose & Throat
        • Eye Conditions & Surgery
        • Gastroenterology
        • General Practitioner (GP)
        • Genetic Conditions
        • Gynaecology
        • Neurology / Nerve Damage
        • Orthopaedics & Rheumatology
        • Paediatrics
        • Respiratory Disorders
        • Spinal Cord Injuries
        • Surgery
        • Urology & Renal
        • Vascular Conditions & Vascular Surgery
      • Personal Injury Solicitors
        • Personal Injury Solicitors
        • Slip, Trip or Fall Accident Claim
        • Accident At Work Claims
        • Road Traffic Accident Solicitors
        • FAQs
      • Wills & Probate Solicitors
        • Wills & Probate Solicitors
        • Disputed Wills
        • FAQs
        • International Legal Matters
        • Lasting Powers of Attorney (LPA)
        • Succession Planning
        • Trusts
        • UK Tax Planning
      • Court of Protection
        • Court of Protection
        • Lay Deputyship Advice
        • Personal Injury Trusts
        • Professional Deputyships
        • Statutory Wills

You are here: Home > Media > Legal News > Motoring Offence Case Study

  • Quick Jump
    • About Us
    • Archive File Information Request
    • Business Services
    • Careers
    • Client Care & Complaints
    • Contact Us
    • Cookie Policy
    • Development and Plot Sales
    • Divorce Solicitors
    • Downloads
    • Financial Conduct Authority Investigation
    • General Council Retainer
    • Health and Wellness
    • Legal About Us
    • Make a payment
    • Media
    • Media
    • Meet Your Managing Partner
    • National Minimum Wage Investigations
    • Our Commercial Approach
    • Perks For Our People
    • Personal Services
    • Pricing Transparency
    • Privacy Notice
    • Prize Draw Terms & Conditions
    • Property Dispute Resolution
    • Real Estate/Conveyancing Complaints Policy
    • Seminar Sign In
    • Separation Specialist Solicitors
    • Sitemap
    • START
    • Team
    • Terms & Conditions
    • Testimonials
    • The Chadwick Lawrence Way
    • The Hub
    • Transport Law
    • We are Yorkshire's Legal People
    • Yorkshire Lawyer Network
Motoring Offence Case Study

11
Aug 2016

Motoring Offence Case Study

When charged with a motoring offence, depending on the seriousness of the offence and whether the driver has received any other penalty points within the last 3 years, the defence may be the only thing preventing the driver from facing disqualification.

There are various defences which may be available to a driver charged with a motoring offence depending on the circumstances involved. A defence can be in the form of an exceptional hardship argument, special reasons or, if none of these apply, simple mitigation.

Below are examples of where these arguments have prevented a disqualification from being imposed:

Mitigation

In March 2015, a Defendant (MB) was facing the prospect of having his license revoked after he was caught driving 100mph in a 70mph zone. An offence of this category faces a potential disqualification or a 4-6 point endorsement.

MB’s explanation for the speeding offence was that he was making a long journey back home in a heavy storm when a lorry veered into his lane on a dual carriage way. MB faced the decision of either braking hard, which may have led to him skidding and colliding with the lorry or accelerate and drive around the lorry. MB chose to accelerate and it was at this point that he was caught speeding.

This mitigation was taken into account, along with the fact that MB had extensive driving experience and a clean license up to this offence.

The Magistrates endorsed 5 penalty points which meant that MB kept his license.

Exceptional Hardship

If a driver has committed more than one driving offence within the last 3 years, the penalty points received for these offences accumulate and this is known as ‘totting up’.  If the penalty points tot up to 12 points (or 6 points within the first two years of passing their driving test), a driver faces a minimum disqualification of 6 months.

In certain circumstances, an argument known as “exceptional hardship” can be put forward in order to avoid a disqualification.

An example of this is seen in the case of PD, who faced a minimum six month disqualification for totting up 12 penalty points. The exceptional hardship in this case was that PD was a Roadside Technician for a well-known motoring organisation. PD was a much valued employee who had received awards for his customer service skills and there were many examples of great feedback from customers regarding PD’s roadside assistance.

If PD was to receive a disqualification, he would not only lose his job but this was likely to have a detrimental impact on the motoring organisation with whom he was employed.

During the court hearing, PD’s manager attended as a witness to inform the District Judge of the impact that a disqualification for PB would have on the business. His exceptional hardship argument was successful and PB could continue driving and carrying out the job he loved.

These examples demonstrate the importance of seeking specialist legal advice in this type of situation and Chadwick Lawrence can deliver this service. We have an excellent success rate in keeping our clients driving licences.

< Back to Media Hub

  • Like this ? Share with friends
Grace Armstrong on her new role as Trustee and Treasurer of Memory Lane Calderdale

10
Sep 2026

Grace Armstrong on her new role as Trustee and Treasurer of Memory Lane Calderdale

For Grace Armstrong, Head of Chadwick Lawrence’s Court of Protection Department, supporting people affected by dementia has long been an important part of her professional life. Through her work as a Court of Protection solicitor, Grace regularly supports individuals who have lost capacity through dementia, brain injury and other neurological conditions, as well as the…

Read More

Chadwick Lawrence renews partnership with Huddersfield Town for 2026/27 season

25
Aug 2026

Chadwick Lawrence renews partnership with Huddersfield Town for 2026/27 season

Chadwick Lawrence is delighted to announce the renewal of its longstanding partnership with Huddersfield Town, continuing as the Club’s Official Technical Area Sponsor and Legal Partner for the 2026/27 season. The renewed partnership builds on a relationship that has spanned more than a decade, with Chadwick Lawrence having acted as the Club’s legal adviser since…

Read More

Get in touch


  • 0800 015 0340
  • info@chadlaw.co.uk

Social Media


featured image
Chadwick Lawrence
  • Pricing Transparency
  • Legal About Us
  • Client Care & Complaints
  • Real Estate/Conveyancing Complaints Policy
  • Privacy Notice
  • Cookie Policy
  • Terms & Conditions
  • Sitemap

© Copyright 2026. Website design by Fantastic Media.

*The following are trading names/styles of Chadwick Lawrence LLP, Chadwick Lawrence Solicitors, Chadwick Lawrence, Yorkshire’s Legal People, Chadlaw, Acclaim

‹ › ×
    Leave a Message

    This field is hidden when viewing the form
    Name(Required)