If the court finds that there are mitigating circumstances amounting to exceptional hardship it may order a disqualification for a shorter period or may order no disqualification at all.
The most common reason for reducing disqualification or for not disqualifying is that to disqualify would cause exceptional hardship, often by loss of job. So if disqualification will impact on your job you have an arguable case to put to the court. It needs putting properly.
Before a court may exercise its discretion it must usually hear evidence. It is possible for an experienced advocate to put forward a convincing case to the court such that the court decides to reduce the disqualification or not to disqualify. The court will accept hardship to the defendant alone or hardship to the defendant's family.
- to be properly prepared
- to be presented in a persuasive manner
- to concentrate on those matters which experience shows the court will take account of.
Magistrates seem to be getting tougher on these cases at the moment. If you represent yourself are you really going to do yourself justice?
Contact Tony Wilkinson 0115 8525813
