Kevin made a successful exceptional hardship argument on his behalf so a driving ban was avoided. If exceptional hardship is found, then the arguments which went towards this finding cannot be used again for 3 years in another exceptional hardship application. Prior to his most recent speeding offence (driving at 63mph in a 40 mph zone along the A41 in Hendon on 20 th January 2020) his licence was already endorsed with 9 points. Totting up is where the driver if convicted - will have accumulated 12 points on his licence within a three-year period (the relevant date being the date of incident). Driving ban avoided following successful exceptional hardship argument. Exceptional hardship is an argument put forward to persuade the Court why a driver should not be disqualified from driving after reaching 12 penalty points. Where a defendant raises exceptional hardship as a reason for not being disqualified under the repeated offence provisions of s.35 RTOA 1988 it is appropriate for the prosecutor to question the defendant. Why You Should Use Speeding Law Solicitors See exceptional hardship for information as to how a totting up ban can be avoided. Back to the latest updates. A taxi-driver reached 12 penalty points on being convicted of speeding. https://jhrsolicitors.com/speeding-exceptional-hardship-cases Exceptional Hardship. If you have one previous disqualification for a period of 56 days or more, imposed within 3 years of the date of the new offence, then the minimum totting up disqualification period rises from 6 months to 12 months. Exceptional hardship can only be argued in totting-up cases. If, however, the magistrates do not find exceptional hardship then they have to impose a driving ban for at least 6 months. Chesterfield Motoring Solicitor Kevin Tomlinson was recently instructed in a case where his client was at real risk of a driving disqualification. This should be done with the approval of the court and in order to assist in determining the question of disqualification. The High Court of Judiciary held that the justices were entitled to conclude that exceptional hardship had not been demonstrated. Exceptional hardship will vary according to the circumstances of the Defendant who will be expected to establish the loss of a driving licence, would go far beyond the inconvenience that would normally be anticipated. Judge Simon Newell said: “There are grounds for finding exceptional hardship.” On January 1, 2020, Holt was caught driving at 35mph in the 30mph zone of Salthouse Road, Barrow. Magistrates’ Court guidelines are to impose a ban of six months’ or more under the totting-up procedure. In limited circumstances it may be possible for the courts not to impose a ban if this would cause ¥exceptional hardship . It is not competent, therefore, to request an exceptional hardship proof when faced with a mandatory driving Under the totting up rules, if you receive 12 or more penalty points within a 3 year period you will receive a mandatory driving disqualification. He claimed that he would be likely to lose his job and be unable to obtain other work, and this would have a substantial effect on his family.

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