Licence Points & Disqualification Solicitors
Twelve points means a mandatory ban — unless you can prove exceptional hardship. The argument must be properly prepared and properly presented. It rarely succeeds without a solicitor.
Penalty points accumulate — and once a driver reaches 12 within a 3-year period, the Road Traffic Offenders Act 1988 requires the court to impose a minimum 6-month disqualification. The only way to avoid it is to satisfy the court that exceptional hardship — hardship beyond that normally suffered on the loss of a licence — would result. This is a legal argument that requires evidence, preparation, and advocacy. A solicitor who handles this regularly knows what magistrates want to hear, and how to present it.
Points, Totting Up & Exceptional Hardship
Licence points and disqualification — how the system works and how to protect your licence.
The totting-up system is automatic — but the exceptional hardship defence gives the court discretion to avoid the ban. Used correctly, it can save a licence that is essential to the driver's livelihood or family.
How totting up works
Penalty points remain "live" on a driving licence for 3 years from the date of the offence (not the date of conviction). Where a driver is convicted of an offence that takes their total to 12 or more within any 3-year period, the court must impose a disqualification of at least 6 months — unless exceptional hardship is established. For a second totting disqualification within 3 years, the minimum is 12 months. A solicitor will calculate the precise points position — including the date each point becomes "spent" — before advising on whether totting is an issue.
What counts as exceptional hardship
Exceptional hardship must be truly exceptional — not merely inconvenient or costly. Loss of employment is not of itself exceptional hardship (since loss of a licence commonly leads to job loss). What makes it exceptional is the effect on others — a driver who provides essential transport for a seriously ill dependent, who manages a business that directly employs others and whose departure would cause job losses, or whose livelihood is uniquely structured around their ability to drive. A solicitor will identify the genuinely exceptional element and build the evidence around it.
Evidence required for exceptional hardship
The court needs evidence — not simply assertions from the defendant's own mouth. This typically includes statements from family members, carers, or employees who would be directly affected; medical evidence about a dependent's condition; employment records and business accounts showing the impact on the business; and evidence of the unique nature of the driver's role. A solicitor will identify what evidence is needed, obtain statements and documents, and present them in a format the magistrates can act on.
Previous exceptional hardship findings
The court is not permitted to take into account hardship that has already been considered in a previous exceptional hardship argument — within the 3 years preceding the current disqualification hearing. If the same hardship was already argued successfully (or unsuccessfully), it cannot be re-run. New hardship — a new family member who is now dependent, a changed business circumstance — can be argued. A solicitor will identify what was previously argued and ensure the current argument is based on circumstances that have not already been considered by the court.
Short disqualification under section 35(1) proviso
Even where exceptional hardship is not made out, the court has discretion to disqualify for a shorter period than the mandatory minimum if mitigating circumstances are present — under section 35(1) of the Road Traffic Offenders Act 1988. This is very rarely used, and the circumstances must be compelling. A solicitor will advise on whether this alternative argument is available and, where exceptional hardship fails, ensure that any available mitigation is presented to minimise the disqualification period.
Contesting the underlying offence
Before exceptional hardship is argued, the underlying offence that will push the driver to 12 points should be reviewed. If the charge can be defended on technical grounds — NIP out of time, camera calibration failure, identity of driver — the totting-up issue does not arise. A solicitor will review the new offence alongside the existing points total and advise on whether defending the charge, arguing exceptional hardship, or both is the right approach. Defending the charge is always preferable where the grounds exist.