If a driver amounts 12 or more penalty points on their driving license within a 3 year period they will be subject to a ‘totting up’ disqualification. If this is the first such disqualification within 3 years it will be for a minimum period of 6 months.
A totting up disqualification can be avoided if the Court can be persuaded that a disqualification from driving would lead to exceptional hardship.
Anyone who is disqualified from driving will suffer hardship as result. In order to be successful in arguing exceptional hardship, a strong and persuasive case needs to be prepared.
To succeed it will generally be necessary to demonstrate hardship which would have far more wide reaching significance than simply not being allowed to drive. A very common argument for exceptional hardship is based upon a person’s employment. If an individual requires a licence to carry out their employment then that would be able to form the basis of an exceptional hardship argument.
The simple loss of employment may not be sufficient to persuade the Magistrates and an argument addressing the wider hardship that may be suffered as a result of that would be required. The effect of a disqualification on innocent third parties (family, business colleagues etc.) would be deemed by the Court as likely to be more exceptional than hardship which affects the individual driver who has committed the offence.
An argument for exceptional hardship is not limited to a person’s employment. We have ran many arguments covering a whole range of potential hardships including the need to attend medical appointments and contact with children.
It is important to obtain expert legal advice in relation to this matter so we can advise of all potential arguments to advance and prepare the strongest possible argument. We can assist in obtaining supporting evidence which will enhance your application.
If the Court finds exceptional hardship does exist they have discretion to either reduce the minimum period of disqualification or not to disqualify at all.
We have extensive experience with representing clients facing totting up disqualifications and have a very high level of success in allowing clients to keep driving.
To find out more about how we can help you, please click here or contact us for free initial no obligation advice. We are available 24/7, Freephone 0800 304 7740.