The almost certain outcome is that you will eventually be asked to attend court where you will face a “totting up” ban of six months.
You can avoid this disqualification if you can convince the court that you or others will face “exceptional hardship” if you are banned. Here’s the Magistrates’ guidance which they refer to when considering such a claim:
"When considering whether there are grounds to reduce or avoid a totting up disqualification the court should have regard to the following:
It is for the offender to prove to the civil standard of proof that such grounds exist. Other than very exceptionally, this will require evidence from the offender, and where such evidence is given, it must be sworn.
Where it is asserted that hardship would be caused, the court must be satisfied that it is not merely inconvenience, or hardship, but exceptional hardship for which the court must have evidence.
Almost every disqualification entails hardship for the person disqualified and their immediate family. This is part of the deterrent objective of the provisions combined with the preventative effect of the order not to drive.
If a motorist continues to offend after becoming aware of the risk to their licence of further penalty points, the court can take this circumstance into account.
Courts should be cautious before accepting assertions of exceptional hardship without evidence that alternatives (including alternative means of transport) for avoiding exceptional hardship are not viable.
Loss of employment will be an inevitable consequence of a driving ban for many people. Evidence that loss of employment would follow from disqualification is not in itself sufficient to demonstrate exceptional hardship; whether or not it does will depend on the circumstances of the offender and the consequences of that loss of employment on the offender and/or others."
You don’t need a solicitor to do this. You can either present your argument orally in court or, if you are not confidence to do that, you can ask he Magistrates to read a written statement explaining your situation. If you do that, take five copies, one for the prosecutor, one each for the three Magistrates and one for their legal advisor. Whichever way you present your argument, you will still have to attend court as the prosecutor or the Magistrates may have questions for you.
So, considering the guidance I have provided, will you or others face any “exceptional hardship”?
