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"Exceptional hardship": appealing against a ban received under the totting up procedure

by Murdo Maguire — last modified 2007-02-14 06:18

I have held a clean driving licence for 11 years. I am an electrician and started my own business last year. I am currently being prosecuted for driving without insurance due to a payment error which I have been told will probably bring me 6 points. My court hearing has not happened yet but I have also received two fixed penalty notices within a week both giving me 3 points each. If this is the case then I will have totted up 12 points and am told that 12 points will lead to an automatic ban. As my vehicle is necessary to run my business can I appeal against this?

The insurance offence is indeed likely to receive six points and with the additional 2 x 3 points, your licence is at risk for a six months ban under the totting up procedure.

This is not insurmountable but you will need to present an "exceptional hardship" defence for which you will greatly benefit from legal assistance. The defence takes into account your personal circumstances, particularly regarding work and most magistrates respond positively to this.

In the first instance I would suggest you should agree to a detailed exploratory interview with a specialist motoring offence solicitor. If appropriate they may then recommend further work to negotiate with the the CPS as to how the case is handled and possibly agree an outcome.

The Roadside Lawyer will initially provide expert motoring solicitor support to road traffic offence clients at a one off charge of £25 plus VAT for a detailed half hour telephone consultation. The solicitor will have been briefed and read about the background to your case. After the consultation they will provide email notes and guidance detailing how you should best proceed. If you instruct us to further act for you, any additional charges will be notified before you incur them so you can take an informed decision on how much further expenditure you wish to incur. If you choose to let us represent you (usually with junior counsel) the initial call cost will be waived

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