Michael Lyon Solicitors - Specialist representation for motoring offences in Scotland
  Home | Contact us | | Company News | Court Finder | Client Testimonials | Press | Legal Fees | Links  
         
 
  Careless Driving
Construction and Use
Dangerous Driving
Death by Dangerous Driving
Drink Driving
Driving Ban
Driving Uninsured
Drunk In Charge
Failure to Identify Driver
Failure to Provide Specimen
Failure to Stop/Report
HGV Drivers
Mobile Phones
New/Young Drivers
Notice of Intended Prosecution
Penalty Points
Special Reasons
Speeding
Tachographs
Taxi Drivers
Totting Up
Traffic Signs
 
 
  TOTTING UP / EXCEPTIONAL HARDSHIP  
One of the most common forms of disqualification imposed by the Courts in Scotland relates to the accumulation of penalty points for repeat offences. Section 35 of the Road Traffic Offenders Act 1988 requires where a person is convicted of an offence involving endorsement and the number of penalty points to be taken into account number twelve or more, the Court must order him to be disqualified for the minimum period, namely six months if there is no previous disqualification to be taken into account.

This minimum period is increased according to the number of applicable previous disqualifications to be taken into account, one year if one, and two years if more than one.

The Court can refrain from imposing a totting up disqualification or reduce the minimum period if, having regard to all the circumstances, that there are grounds for mitigating the normal consequences of the conviction and thinks fit to order him to be disqualified for a shorter period or to not order him to be disqualified.

This is typically referred to as exceptional hardship or mitigating circumstances. It should be noted that the Road Traffic Offenders Act 1988 specifically excludes submissions based on circumstances that are alleged to make the offence not a serious one, hardship, other than exceptional hardship, and similar arguments that may have been presented to the Courts in the preceding three years.

Exceptional hardship must be found in order to entitle the Court to disqualify for less than the minimum period prescribed by law. Clearly, the more persuasive the submission, the greater the reduction in the period of disqualification. For the Court to refrain from imposing a disqualification, a strong and cogent argument needs to be presented to the satisfaction of the Court.
A vast amount of legal authority has developed over the years and our specialist knowledge of road traffic law in Scotland will maximise your prospects of successfully persuading the Court to refrain from imposing a totting up disqualification. In order to be persuasive, all submissions should have sufficient vouching and witnesses should be called to give evidence in support of the defence argument.

Scotland has always adopted a strict approach to interpreting the provisions relating to exceptional hardship and our counterparts the other side of Hadrian’s Wall do appear to have adopted a rather more liberal approach. Whilst the hardship that would ensue following a disqualification from driving may feel exceptional, for example redundancy and loss of family home, Courts in Scotland have always been more interested in third party hardship. That said, we are aware that the current economic climate is a relevant consideration and the High Court in Scotland have specifically ruled that the credit crunch and associated difficulties are matters which can properly be considered within the realms of exceptional hardship.

Michael Lyon Solicitors will ensure that your case is presented with direction and vigour and our specialist knowledge of road traffic law in Scotland will give you the best possible chance of persuading the Court to decide in your favour.
 
GET IN TOUCH
T. 0141 550 1074
ml@theroadtrafficlawyer.com
Your name
Your telephone number
Your eMail address
How can we help you?
 
 
 
© Copyright 2007 - 2010 Michael Lyon Solicitors Limited. Registered office 165 High Street, Glasgow, G1 1QN. Company No. SC339969
ml@theroadtrafficlawyer.com  |  T. 0141 550 1074  |  Terms and conditions   |  Privacy policy
Michael Lyon Solicitors
An invited member of AMOL
Association of Motor Offence Lawyers We are regulated by the LSS - Law Society of Scotland
and only accept instruction in relation to
road traffic cases in Scotland.