Driver with 12 penalty points avoids disqualification

Motoring Law Expert: Morgan Hogarth

If a driver amasses 12 points within a three year period, they ordinarily face a 6 month “totting up” disqualification from driving. It is sometimes possible to avoid the disqualification under the Totting Up Provisions by arguing that such a disqualification would cause the driver ‘exceptional hardship’.

Morgan Hogarth is one of our road traffic specialists based at our Mansfield office. Morgan recently represented a client who already had 9 penalty points on his driving licence. The client received a postal requisition in relation to a further speeding offence after the client was flashed by a speed camera. He was on his way to visit an elderly relative in his 90s who was ill and relied on our client.

Following a hearing at the Magistrates’ Court, Morgan successfully argued that our client (and his relative) would suffer exceptional hardship if a driving disqualification was imposed. The client therefore retained his licence.

If you are facing a motoring charge, contact our specialist motoring law team for advice and representation. We can be contacted on 0333 016 3333 or via our website


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