Totting up disqualification – exceptional circumstances Taxi driver

Moss & Co represented a taxi driver who had 9 points on his driver’s licence. He had been charged and already pleaded guilty to using a mobile phone whilst driving. This offence carries a further obligatory 3 points endorsement making the total on his licence 12 points. This meant that the court was obliged to disqualify Mr B from driving unless they found exceptional mitigating circumstances. Moss & Co successfully argued that depriving the taxi driver of his livelihood would be disproportionate and hence exceptional  (although not helped when Mr B’s mobile phone rang whilst giving sworn evidence). He was therefore allowed to continue to drive even though he had 12 points on his licence.

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