12 Penalty Points or More – Exceptional Harship

Our Solicitors can keep you on the road, even if you have 12 points or more on your licence.

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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, 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.

Call us on: 0800 389 7093

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Quick Service Finder

Derek MacDonald

Partner - Criminal Litigation

derek.macdonald@poolealcock.co.uk

Call me: 01270 256665

Derek MacDonald is a Partner in the Crime and Regulatory department having graduated from Birmingham University in 1989 with honours. He qualified in 1994 and has practiced Criminal Law in Cheshire for over 20 years. He has specialises in this field and joined the firm as a Partner in 2003.

As a Specialist in Road traffic he regularly deals with all motoring matters including, Speeding, and Drink/Drug Driving allegations.

He also has a very high success rate for Special Reasons Arguments and Exceptional Hardship Applications.

Derek can advise right from the outset in these matters including, attending at Police Stations and Custody facilities with defendants for Police interviews under Caution.

Derek will provide support to clients for;

Motoring

Police Station investigations

Magistrates Court Proceedings

Crown Court Proceedings

Contact Me
Tim Edgeley

Partner and Head of Criminal and Regulatory Defence

tim.edgeley@poolealcock.co.uk

Call me: 01270 256665

Tim Graduated from Staffordshire University in 1999 with honours and joined Poole Alcock in 2002, where he completed his training contract and qualified in 2004. Then having work for other firm returned in 2014. Tim specialised in Crime, motoring and regulatory and is proud to say he has only work in this field since qualifying.

In a previous life Tim was a driving instructor and as such has a unique passion for all things motoring. Tim is well respected throughout his work life. Tim is a technical lawyer and a formidable advocate, with a very high success rate at Court.

Tim specialises in exceptional hardship applications and special reasons arguments. Tim is in Court daily for Clients on all Criminal matters from theft right through the full spectrum of offending.

Tim can provide support to clients for;

Motoring

Police Station investigations

Magistrates Court Proceedings

Regulatory matters

Defending Local Authority Prosecution.
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Hannah Kelly

Solicitor - Criminal and Regulatory Defence

hannah.kelly@poolealcock.co.uk

Call me: 01270 256665

Hannah is a specialist Criminal and Regulatory Solicitor having graduated from Liverpool University in 2006 with honours and subsequently qualified as a Solicitor in 2011. Hannah has specialised in this area of law from qualification and has completed many Police Station and Court case with excellent results.

Hannah has a very wide range of experience in all matters criminal and is a specialist in the Magistrates’ and Youth Court. Hannah is well respected as a hugely knowledgeable and technical advocate with a keen eye to detail.

Hannah’s work in the Youth Court has been praised for her compassion and understanding in particular for vulnerable people. Hannah has also completed her training for vulnerable witnesses which gives her the edge when dealing with witnesses at Court.

Hannah regularly attend Court on Motoring matters and has a very high success rate for contested hearing such as Special Reasons arguments and Exceptional Hardship applications.

Hannah will provide support for Clients in;

Motoring

Police Station investigations

Magistrates Court Proceedings

Youth Court Proceedings

Regulatory Proceedings

Defending Local Authority Prosecutions
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Serena Mawson

Chartered Legal Executive - Criminal Litigation

serena.mawson@poolealcock.co.uk

Call me: 01270 256665

Serena graduated from Nottingham Trent University in 2005, with honours, and subsequently qualified as a Chartered Legal Executive in 2012. She joined the firm in 2006 and qualified as an accredited police station representative in 2007.

She manages Crown Court cases on a daily basis and has experience in dealing with clients accused of murder, manslaughter, serious assaults, rape and sexual assaults, and complex fraud cases. In addition to this, she regularly deals with post conviction Proceeds of Crime Confiscation applications – under POCA 2002.

Serena is an experienced police station representative and has dealt with a wide range of cases for clients either under arrest or interviewed on a voluntary basis, including allegations of benefit fraud.

Serena also has specialist experience in dealing with clients who wish to make applications opposing the disclosure of information from third parties with regards to Disclosure and Barring Service checks, and has a high success rate for these applications.

Serena will provide support to clients for:
- Police station investigations – either voluntary or under arrest
- DWP and Council Benefit fraud investigations
- Crown Court proceedings – all serious cases which are dealt with in the Crown Court including murder, manslaughter, serious assaults, serious sexual offences, complex fraud, and robbery
- Proceeds of Crime applications – Proceeds of Crime 2002
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Stuart Flood

Solicitor - Criminal Litigation

stuart.flood@poolealcock.co.uk

Call me: 01270 256665

Stuart graduated in 1977 with honours and qualified in 1980. Stuart joined the firm in 2014 and has practiced Criminal Law in Cheshire for over 35 years. Stuart has a huge reputation and a vast wealth of knowledge and experience with his chosen field.

Stuart has huge experience before the Courts and Police Stations and as such has an excellent reputation for knowledge and understanding. He has an excellent success rate in defending all manner of criminal cases both at the Police Station and Court.

Stuart regularly conducts trials at the Magistrates’ Court and had a reputation for being tenacious and forthright.

Stuart has successfully defended many motoring and regulatory matters before the court including Exceptional Hardship Applications and Special Reason arguments.

Speeding offences, Drink and Drug driving allegations are all daily hearing for Stuart.

Stuart can support Clients for;

Motoring

Police Station investigations

Magistrates Court Proceedings

Youth Court Proceedings

Regulatory Proceedings

Defending Local Authority Prosecutions
Contact Me

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Your professionalism and commitment to my case was exceptional. Your attention to detail and also the time you spent preparing with me for the court date was above and beyond expectations.

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I would just like to personally drop you a line to thank you for your considerable personal and professional effort today, I am well aware that its your job, however when I spoke to Scott before he assured me without reservation that you were the man for the job, he was absolutely correct, I would have no hesitation in recommending your services to anyone who may be in as an unfortunate situation that we were today.

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This is just a quick note to thank you very much for all your help on Friday 16^th at Crewe Magistrates Court.

You understood my exact situation perfectly and communicated this very effectively to the court. You were a great comfort to me in unfamiliar circumstances.

Thank you very much again and you are correct – things are looking up once more!

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The unexpected experience of a H&S Executive prosecution was facing my company and this proved to extend over a period of several months because of the slow process. I instructed Poole Alcock to handle the matter on behalf of the company and I found Dan Brooks, the Partner who heads up Criminal Litigation, to be extremely supportive and responsive from initial enquiry and instruction through to the hearing and thereafter. The process did prove to be stressful but Poole Alcock walked us through each stage and ensured that it went as smoothly as possible. I was specifically grateful for Dan’s advice on the day of the trial. Their advice proved to be accurate and their recommendations were offered sympathetically and in a measured way.

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I have had to use your services at a very difficult time and having been a solicitor I understand the pressure you work under. The entire team has been professional and understanding and you should be proud of the excellent service you provide. I must give special mention to Damian who I felt had a superb customer manner. He is an asset.

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Amazing Team! I can’t thank Derek and Hannah enough for their guidance and expertise. Thank you both so much.

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