ChatterBank1 min ago
just curious
4 Answers
on reaching 12 penalty points.
is it an automatic ban? and if so
is your liscence clean when the ban is up?
is it an automatic ban? and if so
is your liscence clean when the ban is up?
Answers
Best Answer
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For more on marking an answer as the "Best Answer", please visit our FAQ.Yes, you are liable for a mandatory minimum ban of six months. You will be asked if the ban will impose �exceptional hardship� upon you or others. This is not an easy argument. Things such as loss of employment alone are not usually successful because magistrates take the view that those who rely on driving for a living should be even more careful. If you do succeed with the exceptional hardship argument you cannot use the same reason to avoid a ban again within three years.
If you are disqualified under �totting up� your points total reverts to zero.
If you are disqualified under �totting up� your points total reverts to zero.
Judges are not generally involved in motoring offences � certainly not those involving penalty points.
The law on �totting� is quite clear. The accumulation of twelve or more points which arise from offences committed within three years leads to an automatic disqualification for a minimum of six months. However,before such a disqualification is imposed magistrates will ask the defendant if he would like to argue that such a ban would lead to exceptional hardship for him or others. As I have said, the hardship has to be just that � exceptional. Almost anyone can argue that hardship will follow from a ban, but few can successfully argue exceptional hardship and few do.
Kelann is almost correct in that the endorsements remain on the licence for the appropriate period (and so must be declared for insurance, etc.). However the licence holder�s points total reverts to zero if a �totting� ban is imposed.
The law on �totting� is quite clear. The accumulation of twelve or more points which arise from offences committed within three years leads to an automatic disqualification for a minimum of six months. However,before such a disqualification is imposed magistrates will ask the defendant if he would like to argue that such a ban would lead to exceptional hardship for him or others. As I have said, the hardship has to be just that � exceptional. Almost anyone can argue that hardship will follow from a ban, but few can successfully argue exceptional hardship and few do.
Kelann is almost correct in that the endorsements remain on the licence for the appropriate period (and so must be declared for insurance, etc.). However the licence holder�s points total reverts to zero if a �totting� ban is imposed.