Exceptional Hardship & Totting Up

Most people know that 12 points on their licence means a driving ban.  Whilst this is largely true disqualification from driving isn’t necessarily inevitable and we would recommend speaking to our expert legal here at Motoring Defence as soon as you think you may be likely to cross the 12 point threshold.

It’s fact that if you get 12 or more points in a 3 year period then you will be summonsed to a magistrates court to face a minimum disqualification period of 6 months. This is nearly an automatic procedure but it is possible to overturn the ban by providing evidence of “exceptional hardship”.

Whilst there is no single definition of exceptional hardship some of the factors that might be considered are listed below

  • Dependency of other family members on your licence
  • How do your children get to school?
  • Are you the main earner in your household and could you survive on just your spouse’s income?
  • Do you drive for work and do you have employees who depend on you
  • General health and need to attend health related appointments
  • Is there public transport available where you live?
  • General finances, loans, mortgages, possibility of finding alternative employment if you lose your job etc.

Because everyone tends to use exceptional hardship as a reason for getting 12 points it’s absolutely vital that you seek legal advice to ensure that the evidence is presented in a compelling way and we’d generally recommend that you have a solicitor represent you in court.  Magistrates will need some convincing that you’ve actually got a genuine case of exceptional hardship.


Please call us here at John Onions Solicitors for a free consultation.  With years of experience in this field we’ll be able to advise you about the likelihood of saving your licence and what steps to take next if you’ve totted up 12 points or more. Call now on 0800 612 4859.