Totting Up Bans (or Disqualification)
Under Section 5 of the Road Traffic Offenders Act you can be disqualified from driving for accumulating 12 points on your license within the 3 year period. This is often know as the Totting Up Ban.
This 3 year period is measured form the date of the offences and not the date of conviction or sentencing. If you accumulate 12 points within the 3 year period you are liable for a 6 month disqualification.
Exceptional Hardship Defence
It may be that you would be in a position to argue that a 6 month ban (disqualification) would cause exceptional hardship to you if it were imposed.
There isn’t a precise definition of ‘exceptional hardship’.
You are only permitted to use the exceptional hardship argument once.
To make a valid exception or hardship argument you will need to give evidence under oath and provide documentary evidence to support your argument.
If successful the Magistrates may impose the points which could exceed 12 points but allow you to continue to drive and keep your license. However, if you were to accumulate any further points you would be disqualified.
If you were to find yourself in this position and in particular if you were to lose your employment it is advisable that you seek legal representation to submit exceptional hardship on your behalf.
We have solicitors in Kendal, Barrow and Lancaster who would we happy to assist for a fixed fee £250.00 + VAT