Driving with 12 Penalty Points
The question is extremely serious, but the answer is quite simple; it depends on when the points were accrued and, if within a 3 year period, whether or not you succeed with an Exceptional Hardship Argument. The 3 year calculation starts from the actual date when the offence was committed. When the Courts consider a case of this nature, the starting point is that it will disqualify you. This will be for a minimum of 6 months. If you can show that this would cause “Exceptional Hardship” the Court may reduce the ban or remove it completely. If you hear of anyone driving with 12 penalty points it is likely they have made an exceptional hardship argument.
What Constitutes Exceptional Hardship?
The Court has very little guidance as to what constitutes exceptional hardship. There is, though, the emphasis that the hardship must be exceptional. The likelihood is that most people would suffer a hardship if they lost their licence, however this is seen as a natural consequence of your actions in accruing the penalty points. Even the loss of a job will not normally constitute an exceptional hardship.
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.
Representation at Court to Keep you on the Road
Poole Alcock solicitors 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.
We have experienced solicitors who deal with these offences on a daily basis in Courts throughout the North West. Poole Alcock has expert defence solicitors based in offices across Cheshire the North West and Midlands, including Birmingham, Manchester, Chester, Crewe, Alsager, Congleton, Sandbach, Northwich, Nantwich and Wilmslow.
Alternatively, we are happy to discuss your case with you over the telephone. Call us today on 01270 256665 or contact us using this form and we will call you back to discuss your case.
