Steering Clear of a Driving Ban: Navigating the 12 Penalty Points Dilemma in England
In England, accruing 12 penalty points on a driving licence within a three-year period typically triggers a driving ban under the ‘totting up‘ procedure. However, there are legal avenues to avoid such a ban, primarily through the argument of ‘exceptional hardship‘.
This article explores the legal framework, the process involved, the concept of exceptional hardship, and the crucial role of legal advice, particularly from firms like Makwana Solicitors, in these scenarios.
Understanding the ‘Totting Up’ Procedure
The ‘totting up‘ procedure in England is a system where drivers accumulate penalty points for various driving offences. Once a driver reaches 12 points within three years, they are subject to a mandatory driving ban, usually for six months. This system is designed to penalise persistent offenders and promote road safety.
The Legal Framework
The Road Traffic Offenders Act 1988 governs the totting up procedure. Under this Act, the court must order a driving disqualification when a driver accrues 12 or more penalty points. However, the Act also provides a provision where a court can choose not to disqualify in cases of ‘exceptional hardship‘.
Arguing Exceptional Hardship
‘Exceptional hardship‘ is a legal argument used to persuade the court not to impose a driving ban, despite the accumulation of 12 points. To succeed, the driver must prove that the ban would cause exceptional hardship beyond the normal consequences of a driving disqualification.
This could include severe impact on employment, serious illness of a family member who depends on the driver, or significant impact on the driver’s ability to meet family responsibilities.
The Procedure for Arguing Exceptional Hardship
When facing a driving ban under the totting up system, the driver is entitled to argue their case in court. The process involves:
- Notification of a Court Hearing: The driver will be notified of a hearing where they can present their exceptional hardship argument.
- Preparing the Case: This involves gathering evidence and possibly witness statements to support the claim of exceptional hardship.
- The Court Hearing: The driver presents their case before the court, detailing how the driving ban would cause exceptional hardship.
The Role of Legal Advice
Navigating the complexities of a totting up case, especially when arguing exceptional hardship, requires specialised legal knowledge. This is where expert legal advice becomes invaluable. Solicitors experienced in motoring law, such as Makwana Solicitors, can significantly increase the chances of a successful outcome.
Legal experts can help in:
- Assessing the Viability of an Exceptional Hardship Claim: They can evaluate the strength of your case and advise on the likelihood of success.
- Preparing the Case: They can assist in gathering relevant evidence, preparing witness statements, and building a compelling narrative for the court.
- Representation in Court: Experienced solicitors can effectively present the case in court, articulating the hardship arguments with legal acumen.
Why Choose Makwana Solicitors
Makwana Solicitors specialise in motoring law and have a track record of successfully representing clients in totting up cases. Their expertise in these matters means they understand the nuances of the law and the types of arguments that are most likely to persuade a court to exercise discretion.
Conclusion: Steering Clear of a Driving Ban
Accruing 12 penalty points in England can lead to a stressful and challenging situation, with the looming threat of a driving ban. However, the law does provide an avenue to avoid disqualification through the argument of exceptional hardship.
Given the intricacies of these cases and the significant impact a driving ban can have, seeking expert legal advice from firms like Makwana Solicitors is a prudent step. Their guidance and representation can make a critical difference in securing a favourable outcome.
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