At Stephensons, we pride ourselves in our success rate in assisting drivers who have argued exceptional hardship and thereby avoided a totting up/12 penalty points disqualification. Whilst each case turns on its own facts, the chances are we will have dealt with a case similar to your own. For free initial advice call our 24/7 helpline on 0845 00 20736.
We also investigate lines of enquiry that may be pursued to strengthen an application and may not have been considered by an applicant and we assist in the compilation of character references.
We are able to offer full representation for a very competitive and reasonable fixed fee.
Where a motorist amasses 12 or more points within a 3 year period they will be liable for disqualification as a totter in accordance with section 35 of the Road Traffic Offenders Act 1988. The Court will calculate the amount of relevant penalty by looking back 3 years from the date of the present offence before the Court.
A disqualification is mandatory where someone is a totter unless the Court can be persuaded that it likely that a ban would cause the person to be caused exceptional hardship.
There are no rules as to what is considered to be exceptional hardship. However; unless an applicant can persuade a Court that the effects of a ban are over the top and would result in truly exceptional hardship it is unlikely that an application would be successful. It must be appreciated that the Courts in England and Wales hear a large number of these applications and therefore arguments that a motorist will lose their job are not sufficient to establish grounds of exceptional hardship.
If the Court rejects an exceptional hardship plea then minimum disqualification periods apply. Furthermore, if a motorist has a previous disqualification on their driving licence, of 56 days or more, within the last 3 years the first tot will be at least 12 months rather than 6.
Free initial appointment with a motoring offence solicitor...
For a free initial appointment with a specialist motoring offence solicitor please click the link to complete our online request form.
Further information on the services available from the motoring offences experts at Stephensons.
If you would like to instruct our specialist totting up offence solicitors to act in your case please select from the plea options below: