With more attention placed on mobile phone use while behind the wheel, many drivers are focussed on penalty points. In most cases, if you reach 12 points you will be disqualified from driving. The minimum time you can be disqualified is 6 months. The only exception to this is if you have been disqualified for more than 56 days during the past 3 years, at which point your minimum disqualification rises to a year. Fines are not limited, and will reflect the offence that has occurred.
If the conviction requires endorsement, and the driver has greater than 12 points on their licence, they must be disqualified from driving. An exception to this, however, is if the court are able to make a case for exceptional hardship. We have used this in many cases, and have successfully enabled clients to keep their licence, and therefore stay on the road.
Where it is decided that exceptional hardship exists, the court might decide:
- That the driver should not be disqualified, and that they should be allowed to continue to drive, despite having more than 12 points on their licence.
- That the disqualification period should be reduced from the period that is laid out in the law.
If there is a reasonable argument made for exceptional hardship, the court will consider it. This could include:
- If the individual needs their licence in order to be able to work.
- The impact on the individual’s future job prospects if they were disqualified from driving at this point.
- If the driver has a family member who they care for, and this would no longer be possible if they didn’t have access to a vehicle.
- If the jobs of others depends on the driver in question being able to keep their licence.
We can help you to work out how many points you may receive for certain offences, and give you all of the support that you need to give you the best chance of staying on the road.