If you are accruing close to 12 points on your licence then now is not the time to stick your head in the sand. Those people that gain 12 points on their licence within a 3 year time period will be immediately disqualified for a total of six months. This penalty can then only be avoided if you can prove to the court that the ban will cause you and your family ‘exceptional hardship’ as a result.
Just what does exceptional hardship mean? After a driving ban is meant to be a punishment so you are expected to suffer as a result. However if it can be proven that you will suffer more than is intended the ban can be avoided.
When appealing against these forms of motoring offences, your individual circumstances will be considered. The Court will assess the likelihood of you being fired as a result but this is not enough to avoid the ban. If you now have to catch three buses to get into work this will not be considered exceptional hardship – this is deemed as merely inconvenient.
The Court will also need to look at who else will be affected by your disqualification – does your family depend upon you being able to drive for example?
The Court will not however look at the circumstances of the driving offences that lead to the points on your licence. There is no point in talking about the circumstances that led you to drive at speeds above the limit for instance.
A motoring lawyer will be essential in this type of case. So many people attempt to present their own circumstances and generally lose facing disqualification and job loss. Motoring solicitors can present the case properly and make the difference on the outcome of your case and ultimately its effect on your life.
At Cunningham’s Solicitors we offer professional legal advice on all aspects of motoring law.
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