Westlife Star McFadden Seeks to Avoid Driving Disqualification

Former Westlife singer Brian McFadden has put forward a special reasons argument in an attempt to avoid disqualification under the totting up rules.

McFadden previously admitted exceeding the 30 mph speed limit on a section of the A610 on 19th December 2017.  He was clocked doing 39 mph, which would ordinarily result in a Band A fine and 3 penalty points.

As he already has 9 penalty points on his licence McFadden is liable for a 6 month disqualification under the totting up rules if Magistrates do impose a further 3 penalty points.

The 38-year-old attended a hearing at Nottingham Magistrates' Court yesterday to put forward a special reasons argument. If the argument is accepted the court can decide not to endorse McFadden's licence or impose a totting up disqualification. For a special reasons argument to be successful, it must meet the following criteria:

• The reason must be mitigating or extenuating circumstance;
• It must not amount to a defence;
• It must be directly connected to the commission of the offence, and
• The reason must be one that the court ought properly take into account when imposing punishment.

The special reasons argument advanced by McFadden's barrister, Danielle Manson, is that a ban would result in "exceptional hardship" by adversely affecting his new band Boyzlife. The court heard that McFadden drives all across the UK to get to his gigs. It is further claimed that McFadden's disqualification would cause exceptional hardship for his singing partner and former Westlife band mate Keith Duffy.

Chairman of the bench, Peter Forster, said: "There are other ways to get around, like taxis."

But Miss Manson said: "He drives many thousand of miles and may not get home until 2am. That is asking a lot of people who may drive him.

"Two recent concerts were in Wales and Birmingham and he had to drive home after."

The magistrates agreed to adjourn the hearing for six weeks so he can get a letter from Mr Duffy, showing the effect on their joint enterprise. Other documents will also be provided.

McFadden really should have been driving a bit more carefully, given the 9 points already on his licence. We don't suppose for one moment he is going to be left destitute if he receives the 6 month ban that he should do.