Jonathan Mellody has recently achieved a couple of good results for clients facing driving disqualifications under the totting-up system.
Recent success: Client supporting medically vulnerable family
Jonathan represented a client who was at serious risk of a driving ban due to several driving matters. After thoroughly reviewing the circumstances, he identified that the client’s wife suffered from significant medical conditions and relied on him for transport to hospital appointments. The client also played a vital role in caring for his grandchildren, who depended on him for day-to-day travel.
He prepared a detailed skeleton argument, and following a full hearing, the Magistrates accepted that the client’s situation amounted to exceptional hardship. As a result, the client avoided a driving disqualification.
Recent success: Elderly client facing totting-up ban
The second client, an 81-year-old man, faced a speeding allegation. With 9 points already on his licence, the additional 3 points would have resulted in a ban. Upon investigation, Mr Mellody established that the client suffered from serious medical conditions which made travelling by public transport or taxi extremely difficult.
After presenting a comprehensive skeleton argument and legal submissions in court, the Magistrates agreed that the circumstances were exceptional—again avoiding a driving ban.
How we can help in driving matters?
If you are at risk of a driving ban or have been accused of a speeding or motoring offence, contact us for expert advice and representation. Below are answers to some frequently asked questions.
FAQs
Can I get legal aid funding to challenge a driving ban?
If you are accused of a speeding offence, you can challenge the allegation in court or make representations to reduce the fine or driving ban. However, legal aid is not available for these matters, so private representation is required.
Our fees for speeding and driving offences:
- First appearance for all driving offences from £1,000 + VAT
- Further trial appearances (half day) from £2,000 + VAT
- Further trial appearances (full day) from £3,000 + VAT
- Exceptional Hardship/Special Reasons application: from £2,000 + VAT
At MK Law, our team has extensive experience defending speeding and motoring offences. Contact us for prompt and specialist guidance.
How do I challenge a driving ban?
There are strict deadlines, and the consequences of a speeding conviction can be significant. You normally have 21 days from the sentencing hearing in the Magistrates’ Court to lodge an appeal. It is important to seek legal advice immediately.
Under what circumstances can I challenge a driving ban?
You can usually challenge a driving ban through an appeal or by presenting your case in court. However, you must have legally recognised grounds. A ban cannot be challenged solely because it is inconvenient or difficult for you to lose your licence.
Are there any circumstances where I cannot challenge a driving ban?
Yes. For serious motoring offences—such as dangerous driving, drink-driving, or drug-driving—the court must impose a mandatory disqualification. The only way to avoid this is by proving “special reasons” directly connected to the offence itself, not personal circumstances.
