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Totting up disqualification - Exceptional Hardship

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Forbes Solicitors motoring offence team have a specialism in advocating exceptional hardship arguments for individuals facing a totting up ban. We will guide you through the process of building up an argument for exceptional hardship, prepare documents, organise evidence to support your case and represent you in Court to get the best possible outcome. If you are successful in proving exceptional hardship, the Court will not impose a driving ban.

Totting up disqualification

If over a three-year period, you exceed 12 penalty points on your licence you will be facing a totting up disqualification. This will involve attending a Court hearing where you will be facing a mandatory disqualification from driving, ranging from six to 24 months.

If you are facing a totting up disqualification, you will have to put forward an argument for exceptional hardship. This is where you will be required to demonstrate emotional or financial hardship such as needing your license for childcare, an elderly or ill relative relies on you for care or, driving is a vital part of your occupation.

If you can demonstrate that a totting up ban could affect your career or ability to do your job and could potentially result in the loss of your career, which will as a result cause financial hardship and affect your ability to provide for your family, this could be a valid argument. If you're in a senior position and the loss of your job could affect the stability of other people's jobs, this could also be a valid argument.

If you suffer from health problems where your mobility could be severely restricted as the result of a driving ban. Or If say, you are a paramedic or similar where your career involves ensuring the health and safety of others, these could also be valid defences.

These arguments alone are not enough, you will have to demonstrate the financial or emotional hardship a totting up ban will cause to yourself or others close to you.

Mitigating factors such as these will help you to succeed in keeping hold of your licence. The most important thing to do if you're facing a totting up disqualification, is to seek expert legal advice from specialist motoring offence solicitors, call us on 01772 220 022 or contact us via email.

If you're a new driver and within your first two years of passing your test, you accumulate six or more points, you will automatically have your licence revoked. In order to get back on the roads, following a disqualification period, you will have to start from scratch which means resitting a theory test and redoing your practical driving test.

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FAQs

What is exceptional hardship?
 
 

If you receive 12 points on your licence over a three-year period, you could be facing a driving ban of a minimum 6 months. The Court recognises that for some, this could have a severe impact on their ability to go about their daily routine. As a result, you'll have to prove that a driving ban will cause you or others close to you 'exceptional hardship' which goes above and beyond minor inconveniences.

For more information contact our motoring offence lawyers on 01772 220 022 or contact us online.

What happens if I successfully prove exceptional hardship?
 
 

If you are successful in avoiding disqualification, you will receive penalty points on your license. These points will be effective on your license for three years.

Contact our specialist motoring offence solicitors on 01772 220 022 for more information or contact us online.

What grounds for exceptional hardship to avoid a totting up ban?
 
 

Grounds for exceptional hardship could be financial or emotional such as having a loved one rely on you for care, needing to drive in order to fulfil your job role or to take care of your children.

If you can demonstrate that a totting up ban could affect your career or ability to do your job and could potentially result in the loss of your career which will then cause financial hardship and affect your ability to look after your family, this could be a valid argument.

If you're in a senior position in your current job role and the loss of your job could affect the stability of other people's jobs, this could be an argument.

If say, you are a paramedic or similar where your career involves ensuring the health and safety of others, you could argue this as a defence.

If you suffer from health problems where your mobility could be severely restricted as the result of a driving ban.

These arguments alone are not enough, you have to demonstrate the financial or emotional hardship a totting up ban will cause to yourself or others close to you.

For more information contact our motoring offence lawyers on 01772 220 022 or contact us online.

If I am facing a totting up disqualification, how long will I be banned for?
 
 

You will be banned for a minimum of 6 months however the Courts will determine the length of the ban dependent on the circumstances.

For more information contact our motoring offence lawyers on 01772 220 022 or get in touch here.

How much will it cost for an exceptional hardship argument?
 
 

The fee for an exceptional hardship argument will vary dependent on location and degree of complexity. Costs could be between £500 - £2,000 plus VAT at 20%.

For more information contact our expert motoring offence team on 01772 220 022 or make an enquiry online.

Can I drive before my Court date for a totting up disqualification?
 
 

Yes, however, if you are unsuccessful with an exceptional hardship argument, the driving ban comes into effect immediately. If you are due to appear in Court facing a totting up disqualification, we recommend you find alternative transport to attend Court rather than driving.

If you are facing a totting up disqualification contact our expert motoring offence team on 01772 220 022 or make an enquiry online.

Need more help?

Get in touch to see how our experts could help you.

Call0800 689 3206

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Our dedicated Motoring Offences team

David Scully

David Scully

Senior Associate

Crime

PinChorley

Call07976 255000

Gareth Price

Gareth Price

Partner

Crime

PinBlackburn

Call07976 272000

Simon Gretton

Simon Gretton

Partner

Crime

PinPreston

Call01257 260600

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Call0800 689 3206

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Contacting Us

Monday to Friday: 09:00 to 17:00
Saturday and Sunday: Closed