No disqualification for using a mobile phone while driving

We represented a client at Cardigan Magistrates Court on 22nd April. He expected to be disqualified from driving as he already had nine penalty points on his licence, and he pleaded guilty to using a mobile phone while driving. This should attract three more points, thus leading to disqualification under the “totting up procedure”.

He gave evidence on oath that if disqualified he would suffer exceptional hardship. He explained to the magistrates that because his licence was essential for his work,  he would be likely to be dismissed  if  he lost his his licence, and he produced a letter from his employer to that effect.

He further gave evidence that he lived with his elderly parents who were in poor health and  he  needed to be available to drive them to appointments in hospital in Swansea, and no-one else was available to do this.

The magistrates decided, after hearing his evidence, that he would suffer exceptional hardship if he were to be disqualified and so they imposed three points, fined him £100 plus a victim surcharge and prosecution costs.