When a driver receives 12 points on their licence within 3 years they should ordinarily be disqualified from driving, this is called “totting up”.
The 3 year period is measured from the date of the offences, not the date of conviction or sentencing. If you amass 12 points on licence, you are liable for a 6 month driving disqualification.
It is sometimes possible to avoid the 6 months disqualification under the Totting Up Provisions by arguing that such a disqualification would cause the driver exceptional hardship.
Exceptional Hardship Explained
There is no a precise definition of what amounts to exceptional hardship. The court will judge each argument on a case-by-case basis. Loss of employment is not usually enough on its own to satisfy Exceptional Hardship.
The burden of proving exceptional hardship is on the driver making the argument. You have to prove it on the balance of probabilities – which means you have to prove it is more likely that not that exceptional hardship would be suffered.
To make a valid hardship argument you will need to give your evidence under oath as well as providing documentary evidence to support your argument.
Exceptional Hardship Arguments
The Magistrates can agree not to disqualify your driving licence if they find exceptional hardship, or they can impose a reduced driving ban. If you get a reduced ban then all the penalty points that led to the ban (albeit reduced) are wiped clean.
It is important to remember that Exceptional Hardship can only be argued once every 3 years.
Contact our Motoring Law Solicitors today
Exceptional Hardship is a complex minefield. You should always speak to one of our Motoring Lawyers well before any court hearing to ensure we can fully advise you and obtain any evidence that you may need to support your case.
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