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Exceptional Hardship – Avoid a Totting Up Ban

Our Motorist Defence Team have an outstanding success rate of helping drivers keep their licence or reduce a ban with the Exceptional Hardship argument. If you have 12 points on your licence and need some advice we are here to help.

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What is Exceptional Hardship?

Exceptional hardship can usually be argued on the grounds of either emotional hardship or financial hardship. In order to successfully argue a case of exceptional hardship you will need to put forward a compelling and convincing argument that proves a ban would cause you more difficulties than would normally be suffered by other motorists in your position. For example, it is not enough to argue that losing your driving licence would cause an inconvenience and loss of job in itself isn’t always accepted to be exceptional hardship.

What is a totting up ban?

If you have accrued 12 or more penalty points for driving offences then you automatically face a six month driving ban under totting up rules. Understandably this could have a detrimental impact on your employment, finances and family. However, under an argument of exceptional hardship you may be able to avoid a disqualification.

Need help with 12 points on your licence? Call our exceptional hardship experts – 08456 465 465

It is important to note that whilst the court might not disqualify you, your licence will still be endorsed with penalty points which will remain live for three years, for the purposes of future court proceedings. This means that if you face disqualification again within three years, you may not be able to put forward the same argument to avoid disqualification again.

12 Points on licence – How long could you be banned for?

If you do accumulate 12 points or more within a three year period, you will be disqualified for a minumum of at least 6 months under the totting up rules unless you successfully argue exceptional hardship. However, the length of ban can increase depending on your driving record:

  • 6 months – standard minimum ban as required by the courts as soon as you reach 12 points on your licence
  • 1 year – You will receive a 12 month ban for accumulating 12 points if you have had a previous disqualification of at least 56 days in the last 36 months
  • 2 years – You will receive a two year ban if you have had more than one disqualification of at least 56 days in the last 36 months

Our motorist defence team are experts in advancing exceptional hardship arguments and can help you receive a shortened ban or even avoid disqualification altogether.

97% success rate in helping clients to avoid a totting up ban through exceptional hardship arguments – check our Google Reviews

Arguing exceptional hardship is not easy, and seeking legal advice is often recommended as there is a great deal of preparation required in order to put forward a satisfactory argument. At Rothera Bray we have a wealth of experience in preparing and putting forward successful exceptional hardship arguments for our clients, ensuring that they can keep their licence.

Why use Rothera Bray for Exceptional Hardship arguments?

We will help you in gathering materials to support your argument and assess all relevant information relating to your personal and professional circumstances to put before the court.

We will use our previous experience to collate the necessary documentation and evidence to improve your chances of achieving a positive outcome.

You will be assigned a member of the motoring team who specialises in exceptional hardship arguments and will guide you through the process from start to finish.

We regularly appear at Magistrates’ Courts throughout the UK to present exceptional hardship arguments.

We can offer Skype and Zoom meetings and represent clients across the UK.

We will work closely with you to ascertain your personal circumstances so we can provide a tailored exceptional hardship argument and legal advice that is specific to you.

We have a site dedicated solely to Motoring Offences whilst still using the same expert Motoring solicitors, so if you’re looking for more information about types of offences, our team, where we operate or case studies from some of our previous clients, then head over to Keep Me On The Road. If you feel you’ve read enough and want to speak to one of the country’s leading Transport Law teams, call now on 08456 465 465

We’re award winning and top rated in Google, have a look at our Google reviews for your own piece of mind

 

Hourly rates apply, these are as follows:

Anton Balkitis

Partner

£290.00+VAT

Olivia Maginn

Barrister

£240.00+VAT

Lindsey Thorpe

Paralegal

£140.00+VAT

Georgina Power

Paralegal

£140.00+VAT

 

Contact our Exceptional Hardship Defence Team

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Anton Balkitis

“Our experienced and specialist team represent clients nationally on a day-to-day basis”

Anton Balkitis
Head of Transport Law

If you’re happy then we’re happy too.

4.8 358 reviews

Posted 27/01/2020

Rothera Sharp Solicitors’ ‘skilled’ team handles personal injury claims including public liability, accidents at work and road traffic accidents often involving – among others – children and foreign nationals. Recent work included settling a claim for a pedestrian involved in a road traffic accident, acting for a child claimant following a hand injury sustained at a playground and representing a claimant in a public liability claim pertaining to fractures sustained on a slippery floor. Elisabeth Halls combines ‘good judgement with the right amount of scepticism and has a proven ability to optimise outcomes for claimants.

Legal 500, 2017

Posted 27/01/2020

I cannot thank you enough for all you have done for me. I don't know whether you can truly appreciate how incredibly important the success of this matter is to me. I couldn't have done this without you, and there just aren't the words to express my gratitude to you for all this. You have enabled me to have a peace of mind and you just can't put a price on that. Please tell Rebecca how absolutely thrilled to bits I am with the work you have done for me, which is beyond priceless and for which I will be forever grateful

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I want to say a massive thank you for all your hard work….I will never forget how you were prepared to believe in me….you energetically pursued my case to achieve the best possible outcome

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My previous dealings with Rothera Bray have always been excellent-total efficiency and professional. Jayne Smith previously and now Emily Weston. I would always use Rothera Bray as my solicitors. Thank you.

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I would highly recommend James Briggs, solicitor at Rothera Bray. He has been extremely helpful, patient and thorough whilst helping me with affairs following the death of my husband. Even during lockdown (covid) he maintained communication and kept me informed of what was happening. He successfully achieved the outcome I needed and I would not hesitate to recommend him.

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We are in the middle of launching our own packaging agency and contacted Rothera Bray for some professional legal advice with regards to contracts. After an initial call with Billy, he made it clear what we needed and asked plenty of questions to understand what it was we needed. He was very responsive to our questions, whether it be over the phone or via emails and made the process really simple. We had little experience in this area so it was fantastic to work with Billy, who explained everything concisely. We were also really pleased with the quick turnaround and great value offered. Would thoroughly recommend working with Rothera Bray.

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Contact our Motoring Offence Team
Motorist Offence Team
Anton Balkitis

Anton Balkitis

a.balkitis@rotherabray.co.uk

Anton Balkitis leads the Transport Law team and is a nationally recognised Transport and Motoring Law specialist at Nottingham-based law firm Rothera Bray Solicitors.

Olivia Maginn

Olivia Maginn

o.maginn@rotherabray.co.uk

Olivia Maginn is a transport and motoring law specialist at our Lace Market office.

Georgina Power

Georgina Power

g.power@rotherabray.co.uk

Georgina Power is a Paralegal in Rothera Bray’s Transport team and is based at our Lace Market office in Nottingham city centre.

Chelsey Sewell

c.sewell@rotherabray.co.uk

Chelsey Sewell is a paralegal in Rothera Bray’s transport and motorist offence department and is based at our Lace Market office in Nottingham city centre.

Lindsey Richmond

Lindsey Thorpe

l.thorpe@rotherabray.co.uk

Lindsey is a Paralegal based in our transport and motorist offence department in our Beeston office.

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