Exceptional Hardship
What is an Exceptional Hardship Argument?
When a driver reaches 12 or more penalty points within a three-year period, the court must impose a minimum six-month driving disqualification under the totting-up rules. For many motorists, losing their licence would have a devastating impact on their work, family responsibilities and day-to-day life.
However, the law allows motorists to avoid a driving ban if they can prove that disqualification would cause Exceptional Hardship. This is a legal argument presented before the Magistrates’ Court, supported by detailed evidence, and often requires specialist representation to succeed.
Exceptional Hardship is not about inconvenience — it must demonstrate consequences that go significantly beyond the normal difficulties associated with losing the ability to drive. In 2024, thousands of drivers avoided totting-up bans by presenting strong, well-prepared Exceptional Hardship cases, highlighting the importance of expert legal guidance.
As specialist motoring solicitors, we regularly prepare and present Exceptional Hardship arguments and can guide you through the process with clarity, confidence and a carefully structured case strategy.
Why Are You Facing a Totting-Up Disqualification?
You may need to make an Exceptional Hardship application if you have:
- accumulated 12 penalty points within 3 years
- a new offence that would take you to the 12-point threshold
- existing points combined with a major traffic offence
- previously avoided a ban and now face a second argument
Totting-up bans are imposed under Section 35 of the Road Traffic Offenders Act 1988.
Unless the court is persuaded that your circumstances are exceptional, a minimum six-month ban must be imposed (or longer for repeat totting-up disqualifications).
This is why the preparation of your Exceptional Hardship case is absolutely critical.
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What Counts as Exceptional Hardship?
The law does not define “Exceptional Hardship”, meaning each case is considered on its own merit. The court will look for consequences that go beyond the usual inconvenience of losing your licence.
Common grounds include:
Hardship to Others (The most commonly accepted reason)
• dependants
• children
• vulnerable family members
• employees who rely on your business
• clients who depend on your services
Risk of Losing Employment
Serious Financial Consequences
• loss of business
• inability to pay rent or mortgage
• risk of bankruptcy
• redundancy for employees
Medical or Care Responsibilities
Lack of Reasonable Alternatives
Impact on Physical or Mental Health
It’s important to understand that:
- “Inconvenience” is not enough.
- Arguments must be supported by credible evidence.
- You cannot repeat the same Exceptional Hardship grounds within three years.
This is why preparation, documentation and expert representation are essential.
How We Build a Strong Exceptional Hardship Case
Exceptional Hardship arguments succeed or fail based on how well they are presented. Our motoring solicitors will:
- Analyse your driving record and point history
- Advise on which grounds are legally strongest
- Gather supporting evidence (employment letters, financial documents, medical notes, witness statements, etc.)
- Prepare a clear, structured submission for the court
- Represent you at the hearing and present your case persuasively
We focus on the areas magistrates take most seriously, ensuring your argument is balanced, realistic and well-evidenced.
Contact Our Exceptional Hardship Solicitors Today
If you are facing a totting-up ban and believe disqualification would cause serious consequences for you or others, our specialist motoring solicitors can help. A well-prepared Exceptional Hardship argument can make the difference between keeping your licence and losing it for months.
We offer clear, practical advice, tailored guidance, and strong representation in court.
For expert legal guidance and a free initial consultation, contact Momentum Solicitors today.
Why Choose Momentum Solicitors?
Years Motoring
Defence Expertise
Our team have extensive experience and expertise in motoring law defence.
A Firm Built on
Personal Experience
Momentum was founded because Chris lived through the system himself and knows how it feels to be on the receiving end of it.
Representation
Nationwide
From London to Newcastle, we travel wherever you need us.
Free Initial
Assessment
Practical & Honest
Advice from Day One
Fixed-Fee
Payment Options
Our 4-Step Process
1
Make an
Initial Enquiry
Call us or request a call back. We listen to your situation and provide free, no-obligation initial guidance.
2
Case
Accepted
If your case has a defence or a strong mitigation path, and you choose to instruct us, we begin immediate preparation.
3
Full Case Work
& Representation
We gather evidence, analyse procedures, and build your strongest route to success.
4
Outcome
Achieved
Our goal is always the best possible result – whether that’s reduced penalties, avoiding disqualification, or having charges dismissed entirely.
