Successful exceptional hardship appeal by telesales company owner – 16 additional days of disqualification before the driver then received a clean driving licence.

Millicent Dooher, barrister, represented this driver at his exceptional hardship appeal before the Crown Court. The basis of the exceptional hardship was in relation to the driver’s company, the employees that would lose their jobs and the impact on the driver’s family.

The Driver had already been disqualified for a period of 70 days. The Court found exceptional hardship and imposed a period of disqualification of 86 days in total. This meant that the driver had only 16 days left to serve of a disqualification, after which he would receive a clean driving licence.

Where the Court impose a totting disqualification that is shorter than the mandatory 6 months, this wipes a driving licence clean of any penalty points. This can be a benefit to drivers who cover a significant amount of mileage each year, as a successful exceptional hardship application cannot be used again for a period of 3 years. If no period of disqualification is imposed, the penalty points remain on that driver’s licence until they naturally come off, increasing the risk that a further ‘totting’ will occur.