We keep drivers on the road when facing 12-point disqualification — exceptional hardship arguments with a 94% success rate
The UK penalty points system requires that penalty points from all driving convictions within a rolling three-year period be accumulated on your licence. When that total reaches or exceeds 12 points, Section 35 of the Road Traffic Offenders Act 1988 creates a presumption of disqualification. The court must ban you for a minimum of six months — unless you can demonstrate that exceptional hardship would result from the disqualification.
This rule catches thousands of drivers every year who have accumulated points from a series of minor offences over the years. You do not need to have committed a serious offence to face a six-month ban — three speeding offences at three points each, plus a mobile phone conviction at six points, would put you at twelve points with entirely minor offences.
If you are approaching 12 points and face a new charge, or if a new conviction would take you to or beyond 12 points, you must seek legal advice before your court hearing.
Points are counted from the date of the offence (not the date of conviction). The three-year period runs backwards from the date of the latest offence. Any conviction whose offence date falls within this period counts towards the total — even if you were convicted of it several years ago.
| Offence | Code | Points | Duration |
|---|---|---|---|
| Speeding (minor) | SP30 | 3 | 4 years |
| Speeding (serious) | SP30 | 4–6 | 4 years |
| Mobile phone use | CU80 | 6 | 4 years |
| Failing to stop after accident | AC10 | 5–10 | 4 years |
| Careless driving | CD10 | 3–9 | 4 years |
| Drink driving | DR10 | 11 (or disqual.) | 11 years |
| Drug driving | DG10 | 11 (or disqual.) | 11 years |
| No insurance | IN10 | 6–8 | 4 years |
| Dangerous driving | DD40 | Disqualification | 4 years |
Note: Drink and drug driving endorsements where a disqualification is imposed remain on the licence for 11 years from the date of conviction. Other endorsements last 4 years from the date of offence.
The court has a statutory discretion under s.35(1) RTOA 1988 not to impose a totting up disqualification if satisfied that "mitigating circumstances" exist — in practice, this means demonstrating that exceptional hardship would result from a ban. The courts have made clear that ordinary inconvenience or the loss of employment that many people would experience is not sufficient — the hardship must be exceptional.
The courts accept exceptional hardship in a wide range of circumstances, though the burden is on the driver to prove it. Successful arguments have included:
Our solicitors take a methodical approach to building an exceptional hardship argument. The process begins well before the court hearing:
We review your driving record, the nature of the new offence, and your personal and professional circumstances to assess the strength of an exceptional hardship argument.
We help you gather evidence: employer letters, medical notes, care plans, financial statements, alternative transport assessments — whatever best supports your circumstances.
In appropriate cases we arrange for witnesses — employers, family members, GPs — to attend court or provide written statements to give the argument its full weight.
Our solicitor presents the exceptional hardship argument to the bench, cross-examining any prosecution witnesses and ensuring the best possible outcome.
Drivers who passed their test within the last two years are subject to different rules under the Road Traffic (New Drivers) Act 1995. If a new driver accumulates 6 or more penalty points within two years of passing their test, their licence is automatically revoked. They must retake both the theory and practical tests before driving again. There is no exceptional hardship argument available to new drivers under this regime.
This means that a single mobile phone conviction (6 points) in the first two years of driving will result in licence revocation. If you are a new driver facing any endorsable offence, contact us immediately.
Our 94% success rate in exceptional hardship cases speaks for itself. Don't face the court alone.
Free Consultation Call 0800 999 7777