Under the Road Traffic Offenders Act 1988 Section 35 reaching 12 penalty points on your licence means disqualification in most cases.
- The minimum period of disqualification is 6 months (unless there has been a period of disqualification of longer than 56 days in the previous 3 years, when the period would be increased to 1 years disqualification)
- Fines are only limited to the extent they reflect the offence
The Court must disqualify a driver where the conviction demands endorsement and the driver has, after endorsement on the current offence, 12 or more penalty points on their licence, UNLESS the defence are able to persuade the court that there is mitigation which includes exceptional hardship.
Blackwater Road Traffic Law have successfully argued many cases of exceptional hardship, keeping their clients on the road.
If the Court is persuaded that exceptional hardship exists the court can decide
- not to impose disqualification at all and allow the driver to continue to drive despite having 12 or more points
- reduce the period of disqualification from the minimum period otherwise set by law
The Court can and will consider any sensible argument presented that there would be exceptional hardship to the driver if he or she was to be disqualified. It may include reference to:
- the financial circumstances of the driver and requirements for their licence for work
- specific job type involving driving and impact in future if disqualified now
- caring responsibilities of the driver who has a dependant family member
- impact on others whose employment depends on the driver maintaining licence
TO FIND OUT HOW MANY POINTS YOU MIGHT HAVE IMPOSED ON YOUR LICENCE AND HOW TO STAY ON THE ROAD CALL.