Totting Up / Penalty Point Bans

Most Motoring Solicitors will tell you that the only way to avoid totting up bans is by arguing exceptional hardship.

But it does not have to be all about exceptional hardship….!

Read on if you want the inside story and you want advice from the best motoring solicitors…

If you get 12 (or more) points on your driving licence within three years then you have to be disqualified (banned from driving) for a minimum period of 6 months.

 After conviction, or a guilty plea, the only way you can avoid this is by showing the court that there are circumstances that allow them to mitigate the normal consequences of conviction, the normal consequences being a 6 month ban.

Most people/motoring solicitors think that this argument is all about proving that you (or those that rely on you) would suffer exceptional hardship as a result of the ban.

That is not strictly true. Any circumstance maybe a reason for persuading the court not to ban you.

The rule is that if you argue hardship grounds then the argument will only succeed if the hardship caused would be “exceptional”…

Most, so called, motoring solicitors will tell you the only argument you can raise is exceptional hardship. This is not so. We have had two separate courts accepts that this is the correct interpretation of s.35 RTOA88. One of which was in front of a District Judge.

If you have too many points and you want a free chat to assess your chances of avoiding a totting ban call us.

Or ask a free question.



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