Mia Twomey, recently assisted a client who had accumulated multiple speeding tickets and reached 12 penalty points on her licence. Normally, this would result in an automatic driving disqualification under the “totting up” rules.
However, drivers can ask the court not to impose the ban (or to reduce it) if they can demonstrate exceptional hardship. This is more than mere inconvenience — it requires showing that disqualification would cause real and serious difficulties, often affecting others as well as the driver. Courts are strict, and such arguments are not easy to win.
Preparing the case to avoid a driving ban
We requested that the matter be listed for an exceptional hardship application. Mia held conferences with the client to take detailed instructions and gather as much supporting evidence as possible.
If you’re facing a driving ban or prosecution for a motoring offence, contact us to discuss how we can help. Please note that legal aid is rarely available for driving matters, so these cases usually need to be funded privately.
Driving ban avoided
The application was successful: exceptional hardship was found, and the client was able to keep her licence. She was overjoyed with the result.
Some things to note about driving offences
- For some driving offences, you may be offered a driver awareness or speed awareness course instead of receiving points. This can only be taken once in any 3-year period, either online or in person.
- Using a mobile phone while driving is illegal and can result in 6 penalty points and a fine, even if the car is stationary. Hands-free devices are permitted, but if police believe the call distracts you, you can still be prosecuted.
- Drivers aged 70 and over must renew their licence every 3 years, including providing proof of eyesight tests.
- There has been a recent crackdown on middle-lane hogging on motorways, which can result in 3 points and a fine.
- A common myth is that speed cameras must be painted yellow to be valid — this is not true. While many are yellow for deterrence, they are legal regardless of colour.
- If you’re facing a driving ban or prosecution for a motoring offence, contact us to discuss how we can help. Please note that legal aid is rarely available for driving matters, so these cases usually need to be funded privately.
If you’re facing a driving ban or prosecution for a motoring offence, contact us to discuss how we can help. Please note that legal aid is rarely available for driving matters, so these cases usually need to be funded private.
