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Exceptional Hardship

Posted on 1st February

Where a driver has accumulated 12 penalty points within a 3-year period, the usual penalty imposed by the court is that of a 6-month “totting-up” disqualification. However, an argument may be raised that such a disqualification would cause the driver exceptional hardship. The hardship must be truly exceptional: being the sole provider for a family and dependent on having a driving licence for work will not normally satisfy the criteria.

If successful, the argument will still result in a conviction and the imposition of penalty points on a driving licence, but crucially you will still be able to drive. Typically, exceptional hardship may not be caused just to the licence holder. For example, one of our team successfully argued exceptional hardship on behalf of Mrs A before the Penrith Magistrates’ Court. The hardship applied to her mother, who relied on Mrs A for transport and care. Our team have a wealth of experience in this area, and a detailed consultation will help to identify the exceptional hardship in your case.