Can I avoid a driving ban?
The Road Traffic Act 1988 provides an exception to receiving a disqualification for Totting Up. If a ‘totter’ successfully makes a plea before the court that they will suffer ‘Exceptional Hardship’ if they are disqualified, magistrates and Judges have discretion not to disqualify a driver at all or to disqualify them for a shorter period than the mandatory six months.
What is Exceptional Hardship?
The law stipulates that Exceptional Hardship must only be found in ‘exceptional’ cases and must be more than the hardship that most drivers will obviously suffer if disqualified. Many drivers may risk losing their job if disqualified but this is often not enough. Magistrates and Judges will usually only find Exceptional Hardship if a loss of licence will affect others (such as colleagues or family members) if they are disqualified.
Any driver wishing to make a plea in mitigation of Exceptional Hardship will need to give evidence of their hardship on oath and evidence will need to be provided of the hardship.
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What we can do for you.
Lucinda Dore Solicitors can assist any driver who wishes to argue Exceptional Hardship. We can put the court on notice of your intention of making such a plea, prepare your case for you, provide advocacy at the court hearing and, if necessary, obtain any witness statements required to assist your case.
If you are at risk of Totting Up 12 or more penalty points and wish to argue exceptional hardship before the court, contact our road traffic defence specialist solicitor Lucinda Dore by completing the online enquiry form below.