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.
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.
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.
Specialising in all areas of law across Cheshire and beyond, we offer a modern service with traditional values, giving you the complete legal service whenever you need us.
We believe our clients deserve to receive the highest possible standard of customer care and legal advice. Our lawyers and support teams are highly skilled professionals. We also have a passion for delivering excellent service which focuses on our clients’ individual needs and circumstances.
We regularly ask our clients for feedback and how we could make our service even better, to make sure that we get it right every time. Consequently nothing is left to chance and we take nothing for granted. For these reasons, we make a simple but important promise to our clients: The Committed to Excellence Promise.
Derek MacDonald is a Partner in the Crime department. He graduated from Birmingham University in 1989 with honours, qualifying as a Solicitor in 1994. He has practiced Criminal Law in Cheshire for over 25 years. He has specialises in this field and joined the firm as a Partner in 2003. Derek is a qualified duty solicitor and holds the Law Society Criminal Litigation Accreditation.
As a Specialist in Road traffic he regularly deals with all motoring matters including, Speeding, Drink/Drug Driving allegations, 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;
Police Station investigations
Magistrates Court Proceedings
Crown Court Proceedings
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. Tim has specialised in Criminal Defence since qualification providing expert advice and representation for Crime and Motoring cases. Tim is a qualified duty Solicitor and hold the Law Society Criminal Litigation Accreditation.
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 attends Court virtually every day for clients on the full range of criminal matters.
Tim can provide support to clients for;
Police Station investigations
Magistrates Court Proceedings
Defending Local Authority Prosecution.Contact Me
Chris joined the firm in 2006, having previously studied Law with Criminology at Keele University and the Legal Practice Course at the College of Law in York. Chris carried out a training contract with the firm, qualifying into the Criminal Defence department in 2009.
Chris is a qualified Solicitor defending clients in the Police Stations and Courts of Cheshire and Greater Manchester. He became an experienced and confident trial advocate with a great reputation amongst his clients and peers. Chris is a qualified duty solicitor and accredited police station representative. He is currently responsible for the supervision of the criminal team in his role as Head of Department.
In 2016 Chris took on the role of IT Manager and is responsible for:
Lesley Barnett is a Solicitor in the Crime Department. Her career in criminal defence started in 1995 as a Legal Executive. She obtained police station accreditation in 1996.
Graduating from Staffordshire University in 2009, Lesley qualified as a solicitor in 2010. She is a duty solicitor and a higher courts’ advocate.
Lesley represents clients at the police station, Magistrates’ Court and Crown Court. She has experience of dealing with cases ranging from theft and public order through to drugs supply, fraud and murder.
Support for clients can be provided in the following areas:-
Police station investigation.
Crown Court.Contact Me
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.
Serena 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 holds the Law Society Criminal Litigation Accreditation for Magistrates Court representation and as such is duty qualified. She represents clients for motoring offences including speeding, drink driving as well as exceptional hardship and special reasons arguments.
Serena will provide support to clients for:
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 is a qualified duty solicitor and holds the Law Society Criminal Litigation Accreditation.
Stuart has an excellent reputation for knowledge and understanding of criminal law. 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 matters before the court. Exceptional hardship applications, special reason arguments, speeding offences and drink and drug driving allegations are all regular daily hearings for Stuart.
Stuart can support Clients for;
Police Station investigations
Magistrates Court Proceedings
Youth Court Proceedings
Defending Local Authority ProsecutionsContact Me
I would like to thank Stuart Flood and his staff for their professional, friendly and compassionate service at a very difficult time.
This is just a quick note to thank you very much for all your help on Friday 16th 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!
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.
Thank you so much for all your preparation and work in the court this morning. I want to thank you and each of the solicitors that helped me over the last 18 months. I would also like to say a big thank you to the office and reception staff who have always been most helpful and polite to me.
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.
The administration support and communication from Poole Alcock was exceptional throughout, with prompt return of phone calls and correspondence. I must thank Ruth Holloway in particular for her commitment and tenacity in successfully appealing the initial refund of my legal fees. Thank you.
Tim was very easy to talk to and provided appropriate re-assurance.
Tim Edgeley gave an excellent service throughout my case and kept me updated regularly.
I just wanted to thank you for the way your solicitor, Stuart Flood defended my cousin at Crewe Magistrates Courts recently.
Stuart did a tremendous job of keeping the case at the Magistrates Courts and in getting the best possible outcome we could have ever hoped for. All concerned were mightily impressed at his skill & professionalism. Stuart and the Probation Officer were a formidable team.
Thank you once again from all the family. One never knows whats is around the corner but with respect, hopefully we won’t be in need of your defence services again, however, if we do we will know where to come.
Mr Flood is a wizard in Court!
Tim, the man, the myth, the legend.
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.
Amazing Team! I can’t thank Derek and Hannah enough for their guidance and expertise. Thank you both so much.
Tim’s representation was professional, knowledgeable and robust. Excellent service all round!
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.
I would have absolutely no hesitation in recommending the services of Poole Alcock to any company facing similar circumstances.
I am extremely happy with the help I received from Poole Alcock and would not hesitate to use your company’s services again.
Tim was easy to talk to and provided appropriate re-assurance
I felt I was given a very good service in a very professional manner.