Drivers in the United Kingdom who accumulate 12 or more penalty points within a period of three years must be disqualified from driving in terms of Section 35 of the Road Traffic Offenders Act 1988.
The length of disqualification depends on your driving history. We have an 85% SUCCESS rate in Courts throughout Scotland. Call us today – don’t delay!
If there has been no previous disqualifications then the minimum period of disqualification is six months, if there is one previous disqualification then the disqualification is a minimum of one year and two years where there are more than one previous disqualifications.
However, where specialist legal representation is sought - the period of disqualification can often be reduced further if there is sufficient mitigation.
Furthermore, in certain circumstances and where specialist legal representation is used - disqualification can be avoided completely.
Exceptional Hardship
Section 35 of the Road Traffic Offenders Act 1988 provides - that where an accused can demonstrate to the Court that a period of disqualification would result in exceptional hardship to the accused and more importantly others then the Court should not impose a period of disqualification. What demonstrates exceptional hardship has been demonstrated in numerous cases but there is no set test.
Factors that may be deemed as exceptional hardship can be anything from: The closure of a business and having to make employees redundant… to not being able to continue caring for elderly relatives. Or volunteer with sporting projects.
The court can find that one particular factor establishes exceptional hardship or that a combination of factors, although not exceptional in their own right, establish exceptional hardship.
Although the opportunity of demonstrating exceptional hardship to avoid disqualification is one to be grasped with both hands, the level of proof required to establish this in court and the complexities and technicalities involved cannot be underestimated.
In fact the only way to ensure that you give yourself a fighting chance of keeping your driving licence is to get Specialist legal representation and that’s where we can help!
Our Specialist Road Traffic solicitors will discuss in detail your circumstances and shall fully prepare your case, using a variety of expert witnesses if necessary, to make sure that your case is as strong as it possibly can be. This is a particular area of expertise for our road traffic team with numerous successful outcomes, check out our news page for more information!
Specials Reasons
Where circumstances exist in relation to the commission of an offence that fall short of a defence but which are deemed to be ‘special reasons’ then the Court can refrain from imposing penalty points, or if the offence normally results in an obligatory disqualification then the Court can refrain from imposing this period of disqualification under The Road Traffic Offenders Act 1988.
What constitutes special reasons is not set in stone but successful cases often involve emergency situations. Again, like exceptional hardship, the level of proof required to establish this in court and the complexities and technicalities involved cannot be underestimated and specialist legal representation is essential.
In order to have any chance of success with a case of exceptional hardship or special reasons it would be foolish to consider anything other than instructing a specialist road traffic solicitor.
Only a Specialist who is aware of recent developments in the law, has experience of presenting these arguments and persuading Sheriffs and Magistrates should be trusted with your driving licence.
Accordingly, the task of retaining your driving licence should not be entrusted to inferior legal representatives when only Specialist Road Traffic solicitors will do!
Our Road Traffic Specialists work with you in a bespoke fashion, to ensure that only the elements of your case with strength and weight are furnished to the Court to ensure the credibility of your case and increase your chances of success.
We continue to achieve great results for our clients and we have an 85% SUCCESS RATE winning the vast majority, so keep up to date with developments at our news and testimonials sections or join our legal blog.
Are you facing disqualification and feel that there are special reasons or that exceptional hardship would result? If so, don’t leave anything to chance….Contact the road traffic specialists immediately!
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