Exceptional Hardship / Totting Up
If you reach 12 points or more on your driving licence, the Court must disqualify you from driving for a period of at least six months unless it can be proven that to do so would cause you or another person "exceptional hardship".
"Exceptional hardship" must be more than an inconvenience. A disqualification is a punishment and it is expected to cause some inconvenience. in order to avoid a disqualification it must be argued successfully that the hardship suffered would be genuinely exceptional. It may be that you would lose your job, or that you would not be able to drive for other family members, although even these factors may not be enough for the court. If the Court does accept that exceptional hardship would be caused, it may impose a shorter disqualification than would normally be the case, or alternatively the may even decide to impose no disqualification at all. |
The courts are reluctant not to disqualify under the totting up provisions, and it is therefore important to have your case prepared and presented by our specialist lawyers to maximise your chances of persuading the Court that exceptional hardship would be present in your case.
If you have previously used an "exceptional hardship" argument, you may not rely on the same reasons again in the following three years.
If you have previously used an "exceptional hardship" argument, you may not rely on the same reasons again in the following three years.
Do you want an appointment to discuss these issues?
Call us on 01942 771771 or email us at enquiries@sms-solicitors.co.uk
Call us on 01942 771771 or email us at enquiries@sms-solicitors.co.uk