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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 Email our Transport Team

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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 – 0115 983 8573

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 Rotheras 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 Rotheras 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 Sykpe 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 0115 910 6234

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

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Anton Balkitis
Head of Transport Law

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Posted 01/27/2020

This was my first experience using a solicitor, something I felt quite daunted about. Rothera Sharp (Greg and Petra) put me at ease and were very helpful.

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Posted 01/27/2020

Last year I experienced a car accident, as a front seat passenger. I put forward a personal injury claim with Rothera Sharp. From start to finish, my claim has been dealt with efficiently and professionally, and I have always felt my best interests were considered. All communications were made via letter or email to inform me of all further updates. My claim has now come to an end and I am very happy with the overall outcome. I would recommend Rothera Sharp for their service.

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Posted 02/04/2020

We cannot recommend Chris Powell of Rothera Sharp more highly. Mr Powell demonstrated the upmost professionalism with a high level of knowledge of the area for which he was representing us. Anyone needing representation/advice regarding the area of haulage will find that Chris Powell and Rothera Sharp are the best choice.

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Posted 02/04/2020

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Contact our Motoring Offence Team
Motorist Offence Team
Anton Balkitis

Anton Balkitis

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

Olivia Maginn

Olivia Maginn

Olivia Maginn is a transport and motoring law specialist at Nottingham based law firm Rotheras Solicitors.

Transport Solicitor

Chris Powell

Chris Powell is an associate solicitor at Rotheras, specialising in road transport law and motorist defence. He advises and represents haulage and PSV operator licence holders and drivers on all road transport regulatory matters.

Joanne Derbyshire

Joanne Derbyshire

Joanne Derbyshire is a Trainee Solicitor currently in the Transport department.

Hardeep Chumber

Hardeep Chumber

Hardeep Chumber is a paralegal in Rotheras Motoring and Transport department and is based at our Lace Market office.

Elizabeth Shaw

Elizabeth Shaw

Elizabeth Shaw is a paralegal in Rotheras Transport department and is based at our Lace Market office.

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