25 March 2022

How to avoid losing your driving licence

Alison Boffey Senior Solicitor

It’s no secret that once you reach 12 or more penalty points on your driving licence over a three-year period you risk facing what’s known as a ‘totting up’ disqualification which usually results in a driving ban of at least six months.

But being charged with a driving offence can have detrimental effects on your job, your life and those who rely upon you. That’s where we come in. Our specialist motoring law solicitors can advise on whether you have a defence of exceptional hardship. Even if you admit to the offence charged, we may be able to help you, your employees or those you care about keep your driving licence.

What is a ‘totting up’ disqualification?

Traditionally, most people face a driving disqualification when they are reaching or exceeding 12 points on their licence through cumulative driving offences such as speeding. This is known as ‘totting’. You may also be charged with a single driving offence which carries a penalty of a driving disqualification.

As a starting point when reaching or exceeding 12 points on your driving licence, the courts must consider disqualifying you from driving. Our senior motoring offence solicitor, Alison, is available to advise on how you may be able to avoid losing your driving licence, including representing you at court.

Alison regularly appears in the magistrate’s courts (in person or via online platform), successfully arguing for clients to keep their driving licence. In certain circumstances, she may be able to avoid a prosecution entirely.

What is exceptional hardship?

Losing your licence for any period is meant to be a punishment that will put you off breaking traffic laws once back on the road again. But for some people, a driving ban could be deemed as suffering beyond what is considered reasonable and have a significant detrimental effect on their life. This is known as ‘Exceptional Hardship’.

Of course, not being able to drive would be a hardship for anyone, but in extreme cases the Court can impose a shorter driving ban or be persuaded to overturn the ban altogether.

Speak to an expert today

We understand how vital your driving licence is, especially for work and/or caring for others.

If you’re about to lose your driving licence or are concerned you or perhaps one of your employees may be, contact our specialist motoring offence solicitor, Alison Boffey (01472 253 941), who can help. Having worked for the Crown Prosecution Service, Alison is also able to advise on range of criminal or regulatory matters.

Alison.boffey@wilkinchapman.co.uk

Any questions?

Contact Alison at alison.boffey@wilkinchapman.co.uk to discuss

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