SOLICITORS FOR TOTTING UP CASES AND EXCEPTIONAL HARDSHIP APPLICATIONS

Receiving 12 penalty points within a 3 year period can lead to a disqualification for up to 6 months under what is known as the "Totting up Procedure".

It does not take much to reach 12 points with the proliferation of speed cameras and the increase in penalties being imposed for motoring offences.

The impact of a disqualification from driving under the totting up procedures can be catastrophic. It can lead to the loss of employment and cause serious hardship to a family.

It is possible to make an application to the Court that despite reaching this level of penalty points that a disqualification not be imposed. For this to succeed it will be necessary to show there is exceptional hardship.

It must be more than the defendant losing their job. If the hardship is to affect family members who are reliant upon the driver for transport, or even an employer who will be forced to let go somebody whose services are invaluable and will face difficulty in replacing them, then this application could succeed.

It will be necessary not only to make submissions before the Court, but to call evidence in support of these contentions.