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Facing a Driving Ban?

29 July 2020

12 Points or More on Your Licence – Facing a Driving Ban?

The question is extremely serious, but the answer is quite simple;  it depends on when the points were accrued and, if within 3 years, whether or not you succeed on an Exceptional Hardship Argument. If you do not succeed then you will be facing a driving ban.

How does a Court Calculate the 3 year period?

You may think the count back is from when the points were endorsed on your licence, this is wrong. The calculation starts from the actual date when the offence was committed.  When the Courts consider a case of this nature, the Courts starting point is that if the endorsements on your licence reach 12 points within the 3 year period then it will disqualify you for a minimum of 6 months. This is the case unless you can show that this would cause you “Exceptional Hardship”.

What is Exceptional Hardship?

If Exceptional Hardship is found then it can reduce or even remove any period of disqualification. If you have ever heard of anyone driving around with 12 or more points on their licence then you can be sure they have successfully put forward an exceptional hardship argument.

It often needs to be something specific to your circumstances which would mean you would suffer disproportionately. The Court will also be more sympathetic in circumstances where others would suffer through you losing their licence through no fault of their own. Perhaps you are relied upon to transport sick or elderly relatives. The loss of a job would not normally be viewed as exceptional hardship. This is especially the case if it is a natural and forseeable consequence of losing your licence.

What if the Points were for very Minor Offences

Strictly speaking the circumstances of each endorsement (i.e the speed you were travelling, the circumstances of the use of your mobile phone etc.) are not a factor that the Courts take into consideration. The fact is that through repeated offending you have managed to accumulate the necessary tally of points. However, in reality, if there is any chance of these circumstances assisting in persuading the Courts to keep your licence it will be advanced before the Court.       

Contact us today

Here at Poole Alcock solicitors we are expert motoring lawyers with decades of experience. We will advise you honestly if you have a strong enough argument to succeed on.  We know the process, the arguments to advance, and what supporting evidence to put before the Court.

Should you wish us to represent you we will do so in accordance with our commited to excellence promise, assuring you of excellent customer service.

To see if we can help you please contact us on 01270 613939 or at anytime. Alternatively you can complete this form for a call back.

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