Many motoring solicitors claim to be able to keep a driver on the road even when he or she has exceeded the maximum number of 12 points. Legally, a driver is liable to an immediate 6 month ban if they tot up 12 points or more in a three year period. However, the law does allow the Court the power to not disqualify a driver if it is deemed that there are circumstances, which can be proven ‘to mitigate the normal consequences of a conviction’.
When trying to avoid 12 point driving offences, there are three exceptions which will prevent a Court ruling against a ban.
1. It is not possible for a driver to argue that the accrued motoring offences were not serious.
2. It is not possible to plea that the disqualification would cause too much hardship unless there are highly exceptional circumstances
3. No previous circumstances used in the three year prior to the court hearing can be taken into account.
The main reason a Court will not disqualify a driver will be due to exceptional hardship arising from a ban. To prove this takes some skill as simply stating that the driver will lose his or her job often does not suffice as this could be said for many people in the same situation.
To prove true hardship the negative effects of the ban must affect others – this may be dependents, work colleagues or employers for example. As these people are blameless the Court can deem it unfair that they experience hardship as a result of the driver’s actions.
If you are finding the number of points on your license is starting to tot up and it’s likely that a driving ban would result in job loss then now is the time to start preparing. Speak to your employer and ask them to produce a letter which will offer proof of the far reaching affects a ban could have. Never be complacent about this issue and contact your motoring lawyer quickly to get professional advice. At Cunninghams Solicitors, talk to us to see how we can help.
