Exceptional Hardship / Totting Up
If you accrue 12 or more penalty points on your driving licence, you will be disqualified under the ‘totting up‘ provisions. Under section 35 of the Road Traffic Offenders Act 1988, the Magistrates must disqualify you for at least 6 months unless you can establish that the disqualification will cause you or others ‘Exceptional Hardship’.
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Exceptional Hardship / Totting up disqualifications
An application for ‘Exceptional Hardship’ can be made on your behalf where you have mitigating circumstances. Your application for Exceptional Hardship will be heard at the Magistrates Court, and it is your opportunity to explain what the consequences upon you or others would be if you were to be disqualified from driving.
Naturally, a driving disqualification can have devastating consequences. You may require your driving licence for your job, to pay your mortgage or rent, and support your family. You may also have others depending upon you to drive, such as elderly or disabled relatives with care needs. You may run a business and a disqualification would mean your employees would lose their jobs. There are many examples which could be given, and each case must be considered on its own merits.
If exceptional hardship is found, the court has the discretion:
- Not to disqualify you;
- To disqualify you for a shorter period than 6 months
There is no definition in law of what amounts to exceptional hardship. You must prove this on the balance of probabilities. This means you must prove it is more likely than not that you or others will suffer exceptional hardship were you to be disqualified. To make an application, you will need to give sworn evidence at Court and ideally, provide documentation / evidence in support.
We assist in the preparation of this application. We take your detailed instructions and prepare a written statement for you setting out why you or others will suffer exceptional hardship. This preparation is key and increases your chances of avoiding a disqualification.
Let us preserve your driving licence. We have an unblemished track record in arguing exceptional hardship.
If you are being investigated or prosecuted for any motoring law / road traffic offence, please get in touch with our motoring law specialists.