I very much doubt such a question would be asked.
If the guidance is being followed, it should be, Bert.
The idea of the EH provision is for Magistrates to examine the hardship a driver or others might face. The circumstances behind the offences which led to him facing a totting ban should not be considered. But the guidance makes it clear that the court can consider the circumstances when a driver commits further offences in the knowledge that he would face a ban.
In my view it gives the court an additional angle which, if they were to examine only the hardship faced, they would not have. It helps them assess just how important it is for the defendant to be able to drive. I would suggest that drivers who really,
really need their licences do not commit two further speeding offences when they are on nine points.
That said, early this year I helped a lady formulate a successful EH argument only to find last month that she had committed a further offence just
two days before her “active” points total reduced to six. Fortunately, although she had earlier taken a course, it was just outside the three year period and she was offered another!
Seems you can’t help some folk!
