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 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.

  • Andrea was very quick to respond and gave sound advice from the on-set. She was pro-active in gathering relevant and appropriate information to support the case. Andrea was supportive throughout  and as our advocate presented professionally in court achieving the best possible result.’

    Mrs H  Shrewsbury

  • A big thank you to Auriga Advocates. As an IT contractor I have been riding my motorcycle all across the UK for the last few years. In that time I managed to clock up 9 points. With another 3 on their way I found myself in the serious danger of losing my licence due to “totting up”.

    Andrea’s assistance in putting together a case for exceptional hardship at short notice was invaluable, without this and the excellent representation in court I would have struggled to have put my case forward with the concise delivery and merit that is required in these cases. Andrea from Auriga was supportive and has a genuine concern for people’s welfare, at the same time professional, thoughtful and of course very knowledgeable in her field. Thank you Andrea for all your help and for the excellent result that we had on the day

    Mr H Wales

  • Although Andrea wasn’t representing me but my partner, I would like to say how much she helped me with her calm, caring manner.  She went far beyond what we could expect.  From that first phone call one dark evening in November last year she has been a Godsend, helping us get through a very difficult time.

    An excellent professional but also now a friend who helped us so much.  I couldn’t recommend Auriga more highly, a big thank you to them all.

    Ms T Kent

  • Auriga couldn’t have done more for me in a time of need and worry.  Their professionalism and calm manner helped take the worry away.  What could have been a disqualification has ended with 6 points.  If you need advice and help look no further than Andrea and her team.  So professional and caring and at a very reasonable cost, I couldn’t recommend Andrea highly enough, don’t hesitate in making that call to Auriga, their timely actions gave me a genuinely good result.

    Mr R Kent

  • Thanks to you all for a great service!  Have been really pleased with your efforts from start to finish and the regular updates you’ve provided.  Your reassurance has been like a breath of breath air in a time of uncertainty, and although you’ve provided a great service i must say i’m most pleased about the result!”

    The result was discontinuance of the offence and full refund of fees after a claim for defendant costs out of central funds.

    Mr M Cheshire

  • The service I received was exemplary I couldn’t have received the result I got without her expertise! I was so impressed with the ultimate result and the friendly help and advice I recieved from Auriga I feel it was money well spent!

    Mr B, Northants  (June 2016)

  • I felt Auriga’s service from start to finish, was very professional, caring and put my mind at ease. I understood exactly where I stood and how the process of attending court would work and had plenty of time to prepare all relevant paperwork. I would say that I think the cost of your services are lower than most of your peers and I therefore think you are slightly underselling yourselves as I would definitely recommend your company to other people. (exceptional hardship January 2017)

    Mr L Devonshire

  • Delighted with the outcome. At every stage of the process I felt in competent and confident hands. A totally professional approach was demonstrated at every stage of the process. No one can take away the feelings of uncertainty and worry through the legal process but I always felt Mrs. Clegg filled me with a feeling of positivity (exceptional hardship January 2017)

    Mr W Cheshire