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Disqualification under the Totting up Procedure/Exceptional Hardship

The Law states that if you accumulate 12 or more penalty points within a 3 year period, the court should impose an obligatory disqualification from driving, the minimum period being 6 months – this is known as ‘Totting up’

The only way you can potentially avoid this type of disqualification is to prove to the court, that if they disqualify you from driving for 6 months or more, the hardship you and other innocent third parties will suffer is ‘Exceptional’.

What is exceptional hardship?

The Exceptional hardship has to be more than ‘mere inconvenience’. Although it is not clearly defined in law, the Court will require supporting evidence when considering this type of application. They must be satisfied that the hardship, which you or other will suffer if the disqualification is imposed will be ‘exceptional’ and will have a real and severe impact.

It is extremely important that your case is thoroughly prepared in advance of the hearing as the court are unlikely to adjourn the matter if you don’t have the necessary supporting evidence in place.

Whilst the minimum period of disqualification is 6 months, this is extended to 12 months if you have been disqualified for 56 days or more within the relevant 3 year period and if you have been disqualified on more than one occasion within the past 3 years for 56 days or more, then the minimum period of disqualification for totting up will be 2 years.

Our specialist lawyers have years of experience in presenting successful applications, so make a free confidential enquiry by calling 0161 930 5151 or email crimeandregulatoryteam@gorvins.com

Alternatively please complete the contact form on this page and we will contact you as soon as possible.

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Meet the Crime and Regulatory team

  • Paul Reddy

    Partner & Co-Head of Crime and Regulatory
    Crime and Regulatory

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  • Amanda McIntosh

    associate
    Crime and Regulatory

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