`Special Reasons` Penalty Points and Disqualification offences

IYDL M23law regularly assist clients who have fallen foul of the driving ban totting provisions, helping the majority to avoid disqualification from driving.

The law states that where a person accrues 12 or more driving penalty points for motoring offences committed within 3 years of one and other, they are liable to a 6-month disqualification (or longer in certain circumstances) under the penalty point disqualification procedures. This is commonly known as “totting”.

One way to avoid a “totting” driving ban is to argue that exceptional hardship would result from that driving disqualification. A high benchmark standard has been set when it comes to trying to argue exceptional hardship.

It is normally therefore important to instruct our motoring solicitors and/or lawyers to prepare your case and represent you in court.

If the magistrates agree with our argument that exceptional hardship would result from a totting driving ban, then they may disqualify for a lesser period than the standard 6-month period or decide not to disqualify at all.

12 points

In certain circumstances, penalty points or a disqualification period can be avoided, even where the offence is accepted. This will happen if it is shown that there were 'special reasons' for committing the offence. A “special reason” is:

- A mitigating or extenuating circumstance,
- Not amount in law to a defence to the charge,
- Directly connected with the commission of the offence and
- A reason which the court ought properly to take into consideration when imposing sentence.

Examples include:

- No Insurance – defendant was genuinely misled into believing that there was insurance in place
- Drink driving
(a) laced / spiked drinks
(b) short distance driven
(c) sudden unanticipated (medical) emergency where there was no alternative but to drive
- Traffic signs, pedestrian crossings, school crossings
(a) justification for a belief that the traffic lights had jammed
(b) defendant has been misled by the actions of a police officer
(c) genuine medical emergency
- Speeding – Defendant exceeds a speed limit by reason of an emergency

We are able to offer private representation for all types of motoring offences. Contact us now to learn how we can help you

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