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Our specialist lawyers have extensive experience of acting for clients who have accumulated 12 or more points on their licence and face a driving ban under the totting up provisions. We enjoy an impressive success rate and over the last 12 months we have avoided disqualification for over 90 per cent of our clients. To discuss your case with a member of the team call us now on 01616 966 229.
Where a motorist accumulates 12 or more points within a three year period they will be liable for disqualification for a minimum period of six months in accordance with the totting up provisions contained within the Road Traffic Offenders Act 1988. This three year period is calculated from the date the offence is committed rather than the date of conviction. It is possible to avoid a totting up disqualification where a motorist can persuade the Court that they would suffer exceptional hardship as a result.
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Arguing exceptional hardship is not as straight forward as it might first appear as, by definition it has to be exceptional. As such ordinary hardship or mitigating features concerning the offence itself should not be considered by the Court. The appeal Courts have been reluctant to lay down any strict rules as to what constitutes exceptional hardship and stressed that each case should be decided on its own facts.
For example loss of employment as a result of a driving ban will not normally be considered exceptional hardship. However the effect of the loss of employment both on the defendant and any innocent third parties can and often does amount to exceptional hardship. It is therefore important that every case is carefully investigated and all lines of enquiry are explored. We have extensive experience of taking our clients' detailed instructions and identifying the key factors relevant to the case.
To discuss your case with one of our specialist lawyers call us now on 01616 966 229 or fill in our online enquiry form.
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