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Tuesday 17 November 2020

HOW EXCEPTIONAL HARDSHIP PLEA IS ABUSED


On November 3rd I posted on exceptional hardship about which I was critical insofar as the leniency offered by many benches when offenders offer mitigation not worth tuppence in order to retain their license. Earlier this month Arsenal footballer Mezut Ozil appeared in court pleading guilty to speeding on a motorway at 97MPH. It is unknown whether he has existing points on his license.  The penalty for his offence is a fine between 25% and 75% of his relative weekly income plus 3 penalty points. However from the brief reports it appears his representative feared that his client might lose his license because he seems to have offered an exceptional hardship defence. Sentencing is due later this month and that seems odd. In my experience the plea and submission of exceptional hardship is itself adjourned to a set date and sentence is pronounced immediately afterwards.  Once again an internationally famous figure appears to have been offered treatment above that for ordinary mortals. A section of the full report I have copied below. Quite frankly if his plea is accepted it will be nothing short of disgraceful.  He can afford a team of chauffeurs for the period of any driving ban. 

"But he said the current coronavirus pandemic meant he would find it very difficult for him and his young daughter to travel on public transport. He added: ‘I travel to work on a daily basis by car and have personal commitments and a very young baby daughter, seven months old.‘In the current climate I would be very much against travelling on public transport with my baby daughter. My wife does not drive and therefore by necessity I will have to undertake the driving to any healthcare appointments for my daughter. ‘I do not suggest that this in any way excuses my driving on the day at all — I fully accept that the speed my vehicle was travelling is wholly unacceptable.”

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