A CRIMINAL lawyer has said magistrates consider on a case-by-case basis whether or not someone should be banned from driving.
It comes after it emerged yesterday that thousands of people had more than 12 penalty points but were still able to drive.
Magistrates can rule someone has exceptional circumstances, and avoid handing them a ban.
Tim Williamson, a leading criminal and regulatory lawyer for Portsmouth law firm Blake Morgan, said: ‘In my experience magistrates scrutinise such cases very carefully indeed.
‘The ability of a magistrates’ court to hear evidence and apply their own judgement on a case-by-case basis is crucial and one which the courts take very seriously.
‘When facing a “totting-up” disqualification motorists should work hard to provide clear evidence about their need for a driving licence, not just for their own benefit but for the benefit of others. The courts can and do listen.’
Road safety charity Brake said the news was shocking.