Exceptional Hardship and Totting Up 

Getting 12 penalty pointson your driving licence within a three-year period is known as ‘totting up.’ Court guidelines state an immediate disqualification of at least six months must be imposed unless you can argue that a driving disqualification would result in exceptional hardship to you or another.  

To be successful in such an application, you must prove that the hardship you would face goes beyond the typical hardship that anyone with a driving disqualification would experience.

Examples include of what constitute exceptional hardship in some circumstances could include 

Loss of Employment

Losing your job does not automatically mean exceptional hardship as this could be viewed as a reasonable consequence. However, there are more serious implications if it means you are no longer able to pay a mortgage or support your family. 

Care Needs 

If caring for others requires driving such as transporting elderly or disabled family members. 

Business Impact 

A driving ban for business owners can also impact employees and put the business at risk. 

It’s important to note that what constitutes exceptional hardship can vary depending on the circumstances of the case, and decisions are made on a case-by-case basis by the courts.