Exceptional Hardship

What to do if you have 12 points on your driving licence but still need to drive?

The totting up procedure is enforced where a driver reaches 12 points on their licence within a 3 year period.

The Court guidelines state that where a driver has 12 points or more they should disqualify from driving for a minimum period of at least 6 months.

So what is exceptional hardship?

There is no legal definition for exceptional hardship, however, hardship must be beyond what would be reasonably foreseeable.

The Court will need to hear the effects of a driving disqualification and the impact it will have on you, your family and your employment. The Court will not be satisfied that a mere inconvenience is sufficient to avoid a disqualification.

What are examples of exceptional hardship?

• Loss of employment, which would have an effect upon your household income and the potential loss of a family home.
• Loss of a business and the impact it could have upon any employers.
• If you are a carer for someone who is heavily dependent upon you.

In most cases before the Court, where the driver is legally represented, we can help put forward the argument for exceptional hardship on your behalf and point out to the Court why they should not disqualify.

The standard for what is considered to be exceptional hardship is set relatively high and it is therefore in any driver’s interests that the application is considered fully and legal advice is sought.

How we can help

At Johnson Astills we have a criminal team who regularly deal with a variety of motoring offences. Our specialist solicitors and crown court advocates in the Criminal Defence Team are highly experienced in dealing with all motoring and criminal matters at both the Magistrates’ and Crown Court.

If you find yourself facing any offence it is vital to contact a solicitor as soon as possible to obtain expert legal advice. Representation at the police station is free, and legal aid may be available for your case at the Magistrates’ and Crown Court. For offences which do not qualify for legal aid, we offer fixed fees for appointments and representation.

To discuss any offences please contact our Criminal Defence Team at Johnson Astills at our Leicester office on 0116 2554855 or our Loughborough office on 01509 610312