Under the provisions of S.35 of the Road Traffic Offenders Act 1988, the court must order the driver be disqualified for a period not less than six months if they reach 12 points or more, unless exceptional hardship will be suffered.
About Totting Up Disqualifications
If you acquire (or “tot up”) 12 points or more on your driving licence over a three-year period, you can face up to a two-year ban from driving, depending on previous disqualifications. Banned periods, include:
- Six months, with no previous disqualifications
- One year if a disqualification has been imposed in the last three years before this offence
- Two years if more than one disqualification has been imposed in the last three years before this offence
The Court now has the power to find in certain circumstances that exceptional hardship would be suffered by the individual concerned or by others associated with them. If established to the court’s satisfaction, despite the existence of 12 points or even more, your licence is effectively wiped clean.
Examples of Exceptional Hardship
We have presented many exceptional hardship arguments and have achieved some remarkable outcomes, even in one case keeping a client driving who had amassed 24 penalty points within a three year period. The elements that will be considered by the court as exceptional hardship includes:
- Restricted mobility for drivers with severe health problems
- Inability to perform a senior manager job role resulting in instability for employees
- Working in a job that has a high level of importance to the health and safety of the public
- Loss of employment, with a strong supporting argument
Our driving ban lawyers can give you the best chance of saving your driving licence. Contact us today for more information.