DRINK and drug drivers and reckless motorists are often hit with driving bans after committing their offences.
But what about motorists who commit less serious driving crimes?
For offences such as speeding, driving without insurance and failing to identify the driver of a vehicle, a points penalty is often the appropriate sentence.
However, repeat offenders who accumulate 12 points on their licence in a three-year period face a driving ban of at least six months, according to the Sentencing Council.
Despite this, some motorists are spared these ‘totting disqualifications’ if mitigating circumstances are proven to the sentencing court.
These can be work-related issues, health issues, financial issues…
And some of the reasons for avoiding driving bans are more bizarre than others.
We have put together a list of Berkshire-based drivers who were spared disqualifications for a variety of reasons.
We have anonymised those drivers who avoided bans due to issues surrounding health matters.
Pregnant woman
A Reading woman was spared a driving ban after telling a court she is pregnant.
The 25-year-old was told she would experience ‘exceptional hardship’ if she were forbidden from getting behind the wheel.
She was sentenced for speeding after she was caught breaching the permitted speed limit for a van (60mph) on the A30 in Stowford on March 23, 2021.
Appearing at Wycombe Magistrates’ Court on Tuesday, March 1, the woman was fined £138 and ordered to pay £124 in court fees.
She was given three points on her licence but was not given a driving ban by the court.
This was because the bench found the driver would face ‘exceptional hardship’ if she were to be banned from driving for six months “Due to the effect on her pregnancy, her baby she is expecting, her work, her ability to pay the mortgage and her partner.”
Football training
Boubacar Diallo, of Ewing Way, Newbury, was convicted of driving without insurance on the A4 in Thatcham in an incident on April 29, 2021.
He was not given a totting disqualification, however, as Wycombe Magistrates’ Court feared this could cause the 57-year-old to lose his job and have a knock-on effect on his family.
They were also concerned it would affect his children’s ability to get to school and to football training.
He was fined £307 and given six points on his licence in October 2021.
Sole earner
David Morris-Jones, of Berryfield, Slough, was speeding in a Land Rover in West Kensington on January 17, 2021.
He was caught going 36mph in a 30mph zone in London.
The 52-year-old was spared a totting disqualification because the court found his family would suffer ‘exceptional hardship’ as a result.
They said he was the sole earner in his family and he would find it difficult to find a new job.
He was sentenced at Lavender Hill Magistrates’ Court in December 2021.
Loss of accommodation
A Wokingham man who was caught going 46mph on a 40mph road in Bicester on March 15, 2021, was spared a driving ban for a number of reasons.
The 25-year-old did not receive a totting disqualification as the court feared it would have an unfair impact on his young son, it would affect the employment of his colleague and it would result in the loss of his own accommodation.
He appeared at Wycombe Magistrates’ Court on February 8, 2022.
Stress on public services
A West Berkshire man from Brimpton was caught going 35mph on the 30mph A340 Basingstoke Road in Aldermaston Wharf on May 17, 2021.
However, the 64-year-old walked away with just a £138 fine and three points on his licence after his totting disqualification was dismissed.
This was because the bench at Wycombe Magistrates’ Court found his family, namely his wife, would suffer exceptional hardship if he were to be banned from driving for six months.
They said: “He would lose his job which would lead to a loss of income, he would not be able to transport his wife to hospital which would cause her hardship and the use of ambulances would place a stress on public services.”
He was sentenced on February 23.
Work experience
Mohammed Aslam, of Calcot, Reading, was caught going 57mph on the M4 when a temporary 50mph speed limit was in place on November 10, 2020.
The 61-year-old was fined £192 and given three points on his licence but was not handed a totting disqualification.
This is because ‘he will not be able to transport 19 and 23-year-old assistants to work and they will lose their opportunity to complete three-year work experience.’
New business
Sylwester Wegrzyn, of Bader Gardens, Slough, was going 39mph on Constitution Hill, a 20mph road, on March 4, 2021.
He was fined £276 and handed six points on his licence but the court ruled he should be allowed to carry on behind the wheel as he had set up a new business ‘which is reliant on you having a driving licence.’
Private hire driver
Tomasz Kuchnicki, of North Green, Slough, was caught speeding at 46mphin Brentford on February 4, 2021.
He was fined £300 and given three points on his licence at a court hearing on December 1, 2021.
However, he was not banned from driving as he is a private hire driver and the only earner in his house, meaning a ‘loss of job would mean loss of house for the family.’
Unique national role
Gary Teague, of White Lodge Close, Tilehurst, was caught speeding at more than 30mph on the Oxford Road in Reading on May 23, 2021.
However, the Oxford Magistrates’ Court Bench found: “He carries out a unique role no one can do in the country, losing licence means he will lose [a] contract, other parties to contract will be severely affected, as well as potential loss of jobs.”
The 45-year-old was instead fined £625 and given five points on his licence.
Mental health
A Slough man was convicted of failing to give information to police about the identification of a driver suspected of being involved in an offence in January 2021.
The 49-year-old was given a £180 fine and six points on his licence but was not banned from driving.
Wycombe Magistrates’ Court concluded: “Exceptional hardship would be caused if [he] were to be disqualified from driving for 6 months as driving helps his mental health.”
Impact on animals
Melanie Hamilton, of Clewer Fields, Windsor, was caught going 37mph on a 30mph road, in Winkfield on September 2, 2020.
The 57-year-old was hit with a £250 fine and three points on her licence for the offence.
However, no driving ban was ordered as Oxford Magistrates’ Court found this would have an effect on her job and her colleagues, an impact on the welfare of a neighbour and the welfare of her animals.
Comments: Our rules
We want our comments to be a lively and valuable part of our community - a place where readers can debate and engage with the most important local issues. The ability to comment on our stories is a privilege, not a right, however, and that privilege may be withdrawn if it is abused or misused.
Please report any comments that break our rules.
Read the rules hereLast Updated:
Report this comment Cancel