Geoffrey Miller Solicitors

Points Disqualification “Totting Up” – Exceptional Hardship

According to an article that appeared in The Times in March 2007  http://www.timesonline.co.uk/tol/news/uk/article1582201.ece

More than a million motorists are now only one conviction away from losing their driving licences, according to a survey carried out by Direct Line Insurance. There are 5.4 million drivers with penalty points on their licences and 85 per cent of them incurred the points for speeding offences.

Under Section 35 of The Road Traffic Offenders Act 1988 a driver who amasses 12 points within a 3 year period faces disqualification for a minimum of 6 months under the “Totting Up” provisions. (Except New Drivers – see separate section dealing with New Driver provisions.)

Points are counted from date of commission of the offence to offence rather than date of conviction so a delay in the court process will not make any difference to your being caught by the “Totting Up” rules.

If you face a ban under this provision, perhaps the only benefit of a ban under s.35 is that it will wipe your licence clean of all points (This does not apply to a ban for an offence on its own.) The disadvantage is obvious. Not many people can happily contemplate the prospect of losing their licence for a few weeks, let alone 6 months. However, it is possible to persuade Magistrates to find Exceptional Hardship and allow you to continue to drive even with 12 points on your licence. Geoffrey Miller Solicitors have dealt with countless cases involving successful exceptional hardship arguments. Perhaps the most unusual and high profile of these was the case involving Jeffrey Englander.

There is no legal definition of what exceptional hardship is. There is guidance to suggest that if Magistrates wish to accept an argument of Exceptional Hardship, the hardship must be more than a defendant losing their job. The purpose of the “Totting Up” rules is to punish the repeat “offender”and cause hardship to them. However, the defendant or, in many cases, others connected with the defendant such as a spouse, children or even an employer or employees, are not intended to be caused hardship that is beyond the intentions of the “totting up” provisions.

Please contact us for a free consultation about your circumstances the prospects of successfully arguing exceptional hardship on your behalf.

New Drivers

Since 1997 new drivers face a 2 year “probationary period” during which they face automatic revocation of their licence if they amass 6 or more points during this period.

Exceptional Hardship arguments can not be presented in this situation as the court is powerless in deciding the penalty once 6 or more points have been given. However, it would be open to a new driver to defend a prosecution and a new driver could appeal against a conviction in this scenario. They can not appeal against a decision for a licence to be revoked.

However, a new driver whose licence is revoked, could apply for a legally drive under the terms of a provisional licence. They mut simply retake their driver’s test from scratch if they wish to drive under the terms of a full licence.

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