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Chapter One
WHAT IS EXCEPTIONAL HARDSHIP?
Most drivers will be aware of the penalty points system operating
in the United Kingdom. Additionally, most are aware of the law
stating that a driver who accumulates 12 penalty points within a
three year period will be subject to a potential six-month ban from
driving under totting-up procedures.
Fewer drivers may be aware that this necessitates a court date. A
driver who has previously received 9 points by fixed penalty
notices, who then receives another fixed penalty within the three-
year timeframe, cannot accept this final fixed penalty. If the driver
attempts to do so, he or she will be informed that drivers subject to
a totting- up ban must receive a formal court citation.
For many people, the thought of appearing in court is a daunting
experience. However, it is not all bad news. In the first instance,
the court case is an opportunity for the driver to fight his case.
Secondly, even if the driver pleads guilty or loses his case, he has
the opportunity to convince the court that a driving ban would
cause 'exceptional hardship'.
Exceptional hardship is the name given to a type of court case
where an accused person can lead evidence to prove that a driving
ban would cause such hardship to the driver and to other parties
that it is in the interests of justice that he retains the right to drive