Exceptional Hardship, "totting" and disqualification.
The term "totting" is used to describe the accumulation of penalty points to a level that results in the motorist being at risk of disqualification.
Under this process a disqualification will arise in the event that a motorist accumulated twelve points within a three year period, and will last generally for a period of six months.
A court can, if it presented with evidence, find that "Mitigating Circumstances" apply that enable them to avoid imposing a disqualification. Mitigating Circimstances cannot include hardship, unless the court is satisfied that such hardship is "exceptional".
This is often known as the "Exceptional Hardship Argument" and involves the motorist having to attend court and give evidence in connection with his hardship. If successful, the same argument cannot be presented again for a further three years.
As a motoring law Barrister, Phil has a wealth of experience of Magistrates Courts in Yorkshire and nationwide and has advised on many hundreds of these types of cases in the last 20 years all over the country.His success rate in arguing these cases is impressive and he has persuaded courts to find Exceptional Hardship not just in cases where a person's job is at stake.
Do you think you are at risk of a disqualification ? Call Phil now on 07703 356375