The Exceptional Hardship Argument: A Guide to Saving Your Licence from a 'Totting Up' Ban

For any driver, the sight of a speeding ticket is unwelcome. But for a driver who already has 6, 8, or 9 penalty points on their licence, that same notice can induce a feeling of pure dread. You know that another 3 points will take you to or over the 12-point threshold, triggering an automatic six-month driving disqualification under the "totting up" rules. In this high-stakes situation, your ability to drive, your job, and your entire way of life are on the line.

However, it is a critical and little-known fact that this disqualification is not always inevitable. The law provides one final lifeline, a powerful legal argument that can be made to the court to persuade them not to impose the ban: the argument of "Exceptional Hardship." This is one of the most complex and important areas of road traffic law, and successfully making this argument requires the expertise of specialist speeding offence solicitors. At Motoring Defence, we have a formidable track record of successfully saving our clients' licences by preparing and presenting these life-altering arguments.

You've Reached 12 Points: What Does the Law Say?

The law on "totting up" is strict. The Road Traffic Offenders Act 1988 states that a driver who accumulates 12 or more penalty points within any three-year period must be disqualified from driving for a minimum of six months. The court has no discretion to simply impose more points instead; the ban is mandatory unless they find grounds to reduce or avoid it.

What Exactly is an 'Exceptional Hardship' Argument?

This is not a defence to the speeding offence itself. In making this argument, you are accepting that you are guilty of the final offence and that you have 12 or more points. Instead, this is a plea for mitigation. It is a formal, evidence-based case presented to the magistrates, arguing that the imposition of the six-month ban would cause a degree of hardship that is truly "exceptional." If the court is persuaded, they have the discretion to either not disqualify you at all or to impose a shorter ban.

The High Bar: What Qualifies as 'Exceptional' Hardship?

This is the most critical point to understand. The courts have made it very clear that the hardship must be more than mere inconvenience. Losing your licence is supposed to be inconvenient. To be "exceptional," the hardship must be severe, grave, or go beyond what a normal person would suffer. The argument cannot usually be about the hardship that you would face, but the hardship that your disqualification would inflict upon other, innocent people.

The most powerful arguments often revolve around:

• Impact on Your Employment and Others:It is not enough to say you will lose your job. You must prove that the loss of your licence will make it almost impossible to find other work and that this will lead to severe financial consequences, such as being unable to pay your mortgage. Crucially, if you run a business and can prove that your disqualification would force you to make other employees redundant, this is a very strong argument.
• Impact on Innocent Third Parties:This is often the most persuasive angle. For example, if you are the sole carer for a disabled or elderly relative and are the only person who can drive them to essential medical appointments, the hardship caused to them by your ban can be deemed exceptional.

How is the Case Built? The Power of Independent Evidence

You cannot simply tell the court you will suffer; you must prove it with a portfolio of independent, objective evidence. Your speeding offence solicitors will work with you to gather a powerful evidence bundle, which could include:

• A formal letter from your employer confirming that your dismissal is certain if you are disqualified.
• Your business's financial accounts and contracts to show that it would fail without you.
• Detailed medical letters from the doctor of a family member you care for, explaining their condition and their dependency on you.
• Evidence of your own financial situation, such as mortgage statements or loan agreements.

How is the Argument Presented in Court?

This is not just a letter to the court. You, the driver, must go into the witness box, take an oath, and give live evidence to the magistrates. You will be questioned by your own solicitor and then cross-examined by the prosecutor. The court will assess your credibility and the genuine nature of your evidence. Following your testimony, your solicitor will make their final legal submissions. This is a formal court hearing, and the skill of your advocate is paramount. The speeding offence solicitors at Motoring Defence are experienced and persuasive advocates who know how to present these cases effectively.

A totting up ban can have a devastating impact on your life. But it is not always a foregone conclusion. A meticulously prepared Exceptional Hardship argument, presented by the best speeding offence solicitors, can save your licence and your livelihood. To give yourself the best possible chance of success, contact the specialists at Motoring Defence today.