Keep your licence with 12 points

Exceptional Hardship Offence and Fines

In the UK if you accumulate 12 points or more on your licence you will fall within what is known as the “totting up” rules which state that you will receive a minimum ban of 6 months unless you can persuade the court that you should not be banned.

Facing a 6-month ban is bad enough but if you have been disqualified under the “totting up” provision research shows that your insurance premiums could increase by 200% and it may be extremely difficult to get insured at all.

If you have 9 points on your licence and face more points which will bring you to the dreaded 12 points call one of our specialist solicitors for some free advice as to whether have an exceptional hardship argument

What is exceptional hardship?

There is no definition for exceptional hardship which can make it very difficult to argue. However, mere hardship is insufficient it has to be “exceptional”.

It is not an easy argument because you do have to prove that the hardship you would suffer is not just ordinary but exceptional. Losing your job alone would not suffice.

It is imperative that a strong case is built on admissible evidence to be sure of success in these arguments.

I have am "totting up" for the second time in three years can I argue exceptional hardship again?

You can but you cannot use the same grounds so if you have argued the loss of job previously with the subsequent consequences ie loss of home you could not use that again within a three year period.

Most solicitors will avoid second-time arguments because they feel that the chance of success is slim but if you can produce the evidence of exceptional hardship particularly in relation to others which you have not used before then you have every chance of success.

Will I have to attend court and give evidence ?

Yes, if you fail to attend court the court will proceed to sentence and may even disqualify you in absence.

You would have to give evidence but your representative will help you with this and often they will just provide the court with the evidence and ask you to confirm the accuracy and truth of the evidence.

The court may also hear evidence from witnesses such as an employer or partner.

How will Auriga Advocates help?
  • We can help to alleviate all the worry and anxiety that facing a “totting up” disqualification can cause by giving free initial advice
  • We will review the evidence against you meticulously and keep both the prosecution evidence and your evidence under constant review.
  • We will keep you informed every step of the way.
  • We will answer all of your questions and concerns.
  • We ensure that you get the best representation in court because we only used advocates we know and trust.
  • We will listen and support you all the way without extra charge
  • We will agree a fixed fee so that you have peace of mind financially and we also have payment options to spread the financial burden.
Can I appeal if the magistrates do not find exceptional hardship and I am disqualified?

Yes, you would have to appeal against sentence to the Crown Court.

For more information read our page on APPEALS

One of our legal team will be more than happy to discuss your options and your concerns FREE OF CHARGE.

Between us we will reach the right option for you.

We will not charge you a penny until you instruct us to act for you and offer an instalment payment plan to make it easier for you financially.

We are confident that we can offer you the best advice and support but you do not have to take our word for it see what our clients think of us

By all means browse our website, check out our services and fees you will find we offer our services at highly competitive rates. You do not have to pay extra for attention and support we give that naturally because we care about you and understand what a traumatic experience being charged with an offence is.

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AURIGA ADVOCATES

were fantastic. From the first telephone conversation where I enquired about the services and cost involved everything was totally clear. Both Andrea and Lloyd who I dealt with were professional but warm, reassuring and were always available to answer any concerns or questions I had. Right up until the day I entered court they were there for me. My barrister who represented me in court, Lisa, was again also fantastic.
Right down to value for money (and I did look around) I really cannot fault the service I got from Auriga Advocates.

Auriga Advocates

keep; you well informed with your current status and give you the confidence to appeal for a better outcome toward your case. I would recommend them to anyone needing help and reassurance to what sometimes can seem a time of hopelessness and despair

Auriga Advocates Ltd is a limited company,
registered office Electra House, Electra Way, Crewe, CW1 6GL, telephone number 01270 509496
Registered No 08928546 and is a law firm authorised and regulated by Solicitors Regulatory Authority SRA No 614279.
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