Exceptional Hardship And The "Totting Up" Provisions: We Can Help

If you get 12 or more penalty points on your driving licence within a 3-year period, you get banned from driving
 
DRIVING BAN
 
The length of your ban depends on the precise circumstances of your case, but you could be banned for:

  • no less than 6 months if you get 12 penalty points or more within 3 years
  • no less than 12 months if you get a 2nd disqualification within 3 years; or
  • no less than 2 years if you get a 3rd disqualification.
 
Also, if you’re disqualified for 56 days or more you must apply for a new licence and you may have to retake your test.
 
EXCEPTIONAL HARDSHIP 
 
However, you may be able to argue that either a ban, or the length of any proposed ban would cause you “exceptional hardship”. 
 
An exceptional hardship must be something out the ordinary. Losing your job or your freedom to travel is not of itself enough.
 
However, in a recent case, Edmund Conybeare was able to successfully make an exceptional hardship application for a client who had already exceeded the 12-point threshold and prevented a ban being put in place at all. 
 
Finally, it’s worth knowing that if you’ve already had an exceptional circumstances argument accepted in the last 3 years you can’t rely on any of the reasons raised then to retain your licence for a second time.
 
It therefore pays to consult an expert early on to ensure you get the right advice and run the right arguments. 
 
Get in touch with Edmund to discuss your options today.
 


Posted By: Edmund Conybeare
Posted: 08 January 2018
2018 47 08 56 Exceptional Hardship And The "Totting Up" Provisions: We Can Help