Legal issues
Totting up
Road Traffic Offenders Act 1988, section 35. Points count if the offences they relate to were committed within 3 years of the latest offence.
Exceptional hardship
- You give evidence, usually on oath, and the court decides.
- Hardship to others carries more weight than hardship to you.
- You cannot rely on the same circumstances that persuaded a court not to ban you in the previous 3 years.
Special reasons
A mitigating or extenuating circumstance connected with the offence, not the offender, such as being misled about a fact. If found, the court can decline to endorse points.
New drivers
If you reach 6 or more points within 2 years of passing your test, the DVLA revokes your licence and you must retake the test (Road Traffic (New Drivers) Act 1995).
Evidence that matters
Exceptional hardship arguments succeed on evidence: letters from employers, payroll records, care responsibilities, medical letters for dependants, and proof that alternatives such as public transport are not workable.
Reasonable lines of enquiry
Before the hearing
- Check whether the new offence can be defended, which would avoid the points.
- Check the dates: points only count within the 3-year window.
- Gather written evidence from the people who would be affected.
What happens next
The hearing is in the magistrates' court. You and sometimes witnesses give evidence about hardship. If the argument fails, the ban starts that day.
Immediate steps
- Do not ignore the court papers; you can be banned in your absence.
- Start gathering evidence from employers and dependants now.
- Get advice before you plead to the new offence.
What should you send us?
Send the court papers, a copy of your driving record, and a summary of who depends on your licence.