Successful Exceptional Hardship: Loss of Voluntary Work

This driver, represented by Millicent Dooher at the Magistrates’ Court, had accrued 12 penalty points from 4 separate speeding offences. An exceptional hardship application was made by Millicent on the basis that the voluntary work undertaken by the driver would be lost due to the mandatory totting disqualification. The Magistrates accepted the submissions and imposed no period of disqualification for the driver.

A totting disqualification has a mandatory disqualification period of 6 months for a first disqualification and 12 months for a second disqualification. An exceptional hardship argument can be made to reduce the period of disqualification or impose no period of disqualification. The threshold for exceptional hardship is high but there are numerous different circumstances that can and do amount to exceptional hardship, so it is important to seek legal advice if you are a ‘totter’ with 12 or more penalty points.