10 Advantages Of Having A Car And Driving A Driving Instructor A Short Appearing For Driving Test Know The Driving Appearing For Driving Theory Applying To Become A Police Are Superhero Movies Prompting Vigilantes Are There Motorcycle Driving Are You In Danger Police Avoiding A Totting Up Driving Ban And Losing Basic Traffic Rules That Csi (season 4) Dvd Review Custom Embroidered Police Patches Can Be Just Dangers On The Road That Could Driver Fatigue Guidelines That Truck Accident Driving Sample Tests Driving Test Important In Order For One To Get Driving Theory Test Learn The Highway Driving Theory Test Software Cd For Car Bike Establish Teen Driving Rules Fatal Motorcycle Crash Takes The Life Five Golden Rules Of Driving Traffic Guam Police Records Hgv Long Distance Driving – The Rules How Are The Police How Children Honor The Police How To Book Your How To Comprehend Road Accident Claims How To Dodge The Police How To Get A Car At Police How To Make Money How to renewing the photo on your Jacksonville Traffic Attorney Violation Of Traffic Laws Governing A Car Crash Lost Driving Licence How To Replace Motorcycle Accident Claims My Wife Is Pregnant New Rules Remove Medically New Threats To Irish Online Drivers Education Courses Police Car Lights Safety Warning Police Detail Katt Williams Bizarre Behavior Police Equipment To Keep Police Officers Painless Scheduling Right Hand Drive Cars 4 X 4 In Dubai Road Safety Driving Through A Bend Road Safety Tips For Australian Road Safety With Motorcycle Helmets Rules And Regulations Of Car Driving Rules Governing The Use Of Power Rural Road Safety Tips Stay Safe Road Safety Tips Tea Approved Courses For Road Terrible Accidents On The Road And Accident Texas Online Defensive Driving Course The Importance Of Using Headlights For Road The Rules Of Photography The Uk Provisional Driving Licence The Whiplash Accident Claims Threat Of Road Accidents Tips For Your Road Safety Tips To Comprehend A Road Touch Screen Kiosks And Displays For Police Unspoken Rules Of The Road Updated Copy Online On Illinois What Determines The Cost What Legal Recourse Do Police When Taking The Police
Avoiding A Totting Up Driving Ban And Losing Your Licence By Arguing Exceptional Hardship In The Uk
Most driving offences do not mean the risk of an immediate ban but bring penalty points. "Totting up" is the adding together of penalty points permitting the courts to hand down a driving ban to serial road traffic offenders who commit between two and four offences.
If you are at risk of reaching a total of 12 or more valid penalty points on your UK licence by committing a further motoring offence a fixed penalty notice cannot be implemented. Instead the Magistrates Court will summons you to attend a hearing where the presumption is that the court should ban you from driving for a period of six months.
A totting up disqualification is for a minimum of 6 months, although the magistrates have a discretion to increase it if they think it is necessary. This is, however, relatively rare. If the defendant has had another disqualification of over 56 days in the last 3 years, then a totting up disqualification is for a minimum of 12 months. If he or she has had two disqualifications in the last 3 years, then the minimum disqualification is for 2 years.
The ban is not automatic, but the court will be strongly inclined to give you a driving ban. It is up to you to persuade them not to do so. You can do this by bringing forward a successful exceptional hardship argument.
Bringing a successful exceptional hardship argument
An exceptional hardship argument requires you to persuade the court to use its discretion to over-ride the points permitting you to avoid a ban because of the "exceptional hardship" your driving ban would cause to you (usually on health grounds) or to others who would suffer if your driving licence was taken away.
The points will still be on your licence but you will still be allowed to drive. However should you make a successful exceptional hardship argument you will be unable to use the same argument again for three years. (Should this occur you will certainly need detailed legal advice).
Although most drivers understandably treat the court with some trepidation the court hearing does give you a chance to put your case.
Arguing exceptional hardship
It is not enough to argue that losing you licence might make matters a little difficult or inconvenient for you. The hardship must be "exceptional".
"Exceptional hardship" as a defence is contained in section 35(4)(b) of the 1988 Road Traffic Offenders Act which does not clearly define the phrase but leaves it open to the court for interpretation under the particular facts of the case.
That said the exceptional hardship is a matter of fact and degree in each particular case and has been held by the Courts to be something "out of the ordinary".
The Court is allowed to take into consideration exceptional hardship to the driver but particularly will look at how other people affected by the disqualification such as children and spouses. Loss of employment is rarely enough to make a successful exceptional hardship argument without reference to the welfare of others, including finances, prospects and family circumstances.
Arguments which might be considered are:
Inability to get about due to severe health problems
Specific loss of income or hardship or risk of loss of employment for others, (employer or employee or family members) if the driving licence is taken away and a ban imposed
Societal loss: if the driver works in a career with a high level of importance to the health or safety of the public, or a specific group of people.
Loss of a career or employment, but you will need a great deal of supporting information, a well presented case and sympathetic magistrates
In each case you will need:
to present a set of facts proving hardship that the magistrates accept to be exceptional
to make a persuasive case to the magistrates that hardship will result
supporting evidence for every fact you choose to present
some luck and a sympathetic magistrates bench
Be aware on the road!