Former England cricket captain Freddie Flintoff has escaped a driving ban, after court accepted the argument that losing his licence would cause “exceptional hardship.”
Flintoff, 36, had been caught speeding along the M6, near Linstock, in Cumbria, on January 28 this year.
Carlisle Magistrates Court heard that the millionaire cricketer had been snapped by a speed camera doing 87mph.
Having already racked up nine penalty points over the past three years, Flintoff faced an automatic ban after admitting a fifth speeding offence.
But the bench accepted this would have had an adverse effect on the sportsman’s extensive charity work and the privacy of his three children.
He was given three points and fined £330, but allowed to keep driving.
However, he has been warned that he will not be allowed to use the same argument if he is caught speeding again in the next three years.
Philip Goldberg, a partner in Lester Morrill’s criminal law department, said that he had argued “exceptional hardship” in hundreds of cases over the years.
Most recently, he successfully made the case for a man to keep his licence, on the grounds that banning him from getting back behind the wheel would cause difficulties for the defendant’s brother-in-law – who suffers with Parkinson’s disease.
Philip stressed that certain criteria have to be met for this argument to be advanced.
“The ‘exceptional hardship’ refers to the impact on other people, not on the individual themselves,” he said.
“For example, if the defendant was a sales director of a company and losing their licence could cause the company to go under, leading to many redundancies.
“Or a taxi driver with children who might lose the family home if he can’t carry on doing his job.”
- At Lester Morrill, we understand the implications of being caught driving in excess of the speed limit. Our road traffic team can provide representation if you believe you should not have been awarded points on your licence or if you are facing disqualification, and believe this would cause you exceptional hardship. To find out how we can assist, contact our Leeds-based solicitors today.