A Flintshire HGV driver has lost both his licence and livelihood, having failed to persuade Magistrates that his circumstances amounted to exceptional hardship.
David Evans, 45, of Bryn Seion Lane, Sychdyn, Mold, admitted an offence of failing to identify the driver of a motor vehicle when he appeared at Wrexham Magistrates' Court on Friday, 27th June 2025.
Evans, an HGV driver, had initially denied the offence, so the matter had been listed for a pre-trial review. Hearing the strength of the prosecution's evidence, Evans decided to amend his plea to guilty. He then asked the court to consider an exceptional hardship application, as the conviction would leave him liable for disqualification under the totting up rule.
Unfortunately for Evans, he had made a previous exceptional hardship application as recently as November 2024. On that occasion, despite having accumulated 12 penalty points, the court allowed him to keep his licence on the basis that if disqualified he would lose his employment and be unable to contribute to his parents' household expenses.
At the November 2024 hearing it was made crystal clear to Evans that he could not advance the same exceptional hardship argument for the next three years. However, that's exactly what he tried to do at the 27th June hearing.
Addressing the court, Evans said "I'm an HGV driver. It will actually destroy me if I lose my licence. It will ruin me."
As Evans had no new circumstances for the court to consider, the court refused his application and proceeded to sentence him for the latest offence.
He was fined £519 and ordered to pay £208 surcharge and £130 towards prosecution costs.
Evans' licence was endorsed with 6 penalty points, taking the total to 18 and therefore resulting in a 6 month totting disqualification.
Addressing Evans, the Presiding Justice, Susanne Dickson JP, said: "We have every sympathy, but you've been around this loop before.
"Our hands are tied - there's really nothing we can do."
A dejected Evans left the courtroom.
There is no court in the land that wants to see a man lose his employment, particularly in the current economic climate. The court recognises that generally speaking people in work make a positive contribution to society and are far less likely to be out committing crimes.
However, the inescapable fact is that Evans, a professional driver, has been given ample warning about the standard of his driving previously. Despite acknowledging his own perilous situation, he simply hasn't heeded those warnings.
Having a driving licence is a privilege for those that comply with the rules, not a right for those that don't.
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