Totting up is legal jargon for what happens when you accumulate 12 penalty points through a number of different offences within three years.
For newly qualified drivers (within two years after passing their driving test), who accumulate six penalty points, a driving ban will automatically be imposed.
When this happens, you may be automatically banned from driving for up to six months.
This can be a very difficult situation, especially if you have family or friends who rely on your ability to drive to support them, or driving is a crucial part of your employment.
If is possible to avoid a ban. Speak to our expert team of motoring lawyers today. 03330 096 275.
Exceptional hardship
Exceptional hardship is one possible defence we can explore to avoid a driving ban if you have hit the 12 point limit and it isn’t possible to avoid penalty points being imposed for the specific offence of which you have most recently been convicted.
Exceptional hardship is not clearly defined. A defence of this nature essentially requires a skilled motoring offence lawyer to make a compelling case to judge arguing why a driving ban would cause extreme hardship to the offender and those they care for.
Grounds for a successful exceptional hardship defence might involve proving that removing a defendant’s ability to drive will create severe financial hardship, mean the defendant loses their job, impact the job stability of employees of the defendant, or restrict the mobility of the defendant (because they have a serious medical condition that means they need to drive).
However, all exceptional hardship cases are decided on their merits and the result is at the discretion of the magistrate. For that reason, it is essential to have expert motoring lawyers fight your case. Call us today on 03330 096 275.
