Exceptional Hardship Driving Ban

 

“Penny-poor Tarrant” Banned from Driving

On February 15th 2010 the ex-wife of TV Presenter Chris Tarrant was banned from driving for six months after being convicted of a number of offences in the previous three years. Ingrid Tarrant, 55 years old, was warned that she could face a prison sentence if she was caught driving while disqualified.

Exceptional Hardship & Totting Up

The latest offence involved her using a mobile phone while driving on 20th September 2009. Before that she had escaped a driving ban in September 2008 despite having accrued 15 Points on her Licence – a six month ban is the norm when you accrue 12 Points unless you can show that a Ban would cause “exceptional hardship”. In 2008 she successfully argued that this would be the case because her 16 year old son would face unwarranted media attention if she was unable to chauffeur him to and from School.

On this occasion, Magistrates in Woking took only five minutes to reject her argument that she should not be disqualified, again based on exceptional hardship. Her argument had been advanced on the basis that:

• She was the primary driver for her four children along with her granddaughter, all of whom live with her (as do the Partners of two of her daughters) at the family home which formed part of her Divorce settlement from the Who Wants To Be A Millionaire Host. It was conceded that her 24 year old daughter (who lives with her) could also drive but she was apparently planning to move to Spain;

• She claimed she was “asset rich but penny poor” as she had chosen properties as opposed to cash when finalising her Divorce settlement;

• Accordingly, she could not afford taxi fares;

• A ban would aggravate a knee injury suffered some years previously;

Mike Gray – Head of Oliver & Co’s Motoring Prosecution Team commented:

“The outcome is not surprising for a number of reasons. Firstly, she had apparently already got 15 Points on her Licence and had, once before, successfully relied on an “exceptional hardship” argument. That meant that the reasons relied on in 2008 could not be advanced again. Secondly, it appears that she had now accrued more than 15 Points making the decision of the Magistrates almost inevitable in the absence of new & compelling arguments that exceptional hardship would otherwise result.

It is possible to rely on exceptional hardship resulting to others and this is often advanced especially when Employees are put at risk of losing their job if the Defendant could not operate the business they are employed in while disqualified from driving. The Magistrates, in this case, did not accept that her children would suffer exceptional hardship simply because she could not drive. It does not appear that medical evidence was relied on in relation to her knee injury and the Magistrates would have taken into account the fact that she was able to drive, despite this disability.

She will, of course, have a clean Licence when her ban ends but, for now, so far as chauffeuring the children is concerned she will have to phone a friend!”

 

If you would like more information on pleading 'exceptional hardship', details of our competitive rates or you would like to discuss your case then please contact the motoring department direct on:

                       01244 354689

                                                  (8am to 8pm)

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