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Exceptional Hardship Totting Up Ban: Twelve Points

Clear legal guidance when your licence is at risk

Avoid a totting up ban through legal argument

Our motorist defence solicitors have an outstanding success rate of helping drivers keep their licence or reduce a ban with the exceptional hardship argument.

If you have twelve points on your licence and need some advice we’re here to help.

Contact our Motoring Law team
Exceptional hardship

What is exceptional hardship?

Exceptional hardship can usually be argued on the grounds of either emotional hardship or financial hardship.

To successfully argue a case of exceptional hardship you’ll need to put forward a compelling and convincing argument that proves a ban would cause you more difficulties than would normally be suffered by other motorists in your position.

For example, it is not enough to argue that losing your driving licence would cause an inconvenience and loss of job alone isn’t always accepted to be exceptional hardship.

What is a totting up ban?

If you’ve accrued twelve or more penalty points for driving offences then you automatically face a six month driving ban under totting up rules. Understandably, this could have a detrimental impact on your employment, finances and family. However, under an argument of exceptional hardship you may be able to avoid a disqualification.

It’s important to note that whilst the court might not disqualify you, your licence will still be endorsed with penalty points which will remain live for three years. This is to cover if you offend again and the purposes of future court proceedings.

This means that if you face disqualification again within three years, you may not be able to put forward the same argument to avoid disqualification again.

If you have twelve points on licence, how long could you be banned for?

If you do accumulate twelve points or more within a three year period, you will be disqualified for a minimum of six months under the totting up rules. That’s unless you successfully argue exceptional hardship. However, the length of ban can increase depending on your driving record:

  • Six months – standard minimum ban as required by the courts as soon as you reach 12 points on your licence
  • One year – you will receive a twelve month ban for accumulating twelve points if you have had a previous disqualification of at least 56 days in the last 36 months
  • Two years – you will receive a two year ban if you have had more than one disqualification of at least 56 days in the last 36 months

Our motorist defence team are experts in advancing exceptional hardship arguments and can help you receive a shortened ban or even avoid disqualification altogether.

97% success rate

We can help almost all the people that instruct us to avoid a totting up ban through exceptional hardship arguments. Check out our reviews.

Arguing exceptional hardship isn’t easy. So seeking legal advice is recommended as there is a great deal of preparation required in order to put forward a satisfactory argument.

At Rothera Bray we have a wealth of experience in preparing and putting forward successful exceptional hardship arguments for our clients, ensuring that they can keep their licence.

Get in touch
Motoring and transport law team

Why you should use us to put forward exceptional hardship arguments?

  • We’ll help you in gathering materials to support your argument and assess all relevant information relating to your personal and professional circumstances to put before the court
  • We will use our previous experience to collate the necessary documentation and evidence to improve your chances of achieving a positive outcome
  • You will be assigned a member of the motoring team who specialises in exceptional hardship arguments and will guide you through the process from start to finish
  • We regularly appear at Magistrates’ Courts throughout the UK to present exceptional hardship arguments
  • We offer virtual meetings and represent clients across the UK
  • We’ll work closely with you to ascertain your personal circumstances so we can provide a tailored exceptional hardship argument and legal advice that’s specific to you

For more info, head over to Keep Me On The Road, our dedicated motoring and transport law website. If you feel you’ve read enough and want to speak to the country’s leading Transport Law teams, call now on 03456 465 465.

We’re award winning and top rated, and available across England and Wales.

We have a range of fixed-fee services:

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Our exceptional hardship legal arguments help people avoid a totting-up ban. It can help you move on with your life with your licence - so give our solicitors a call to find out if we can help..
Anton Balkitis
Anton Balkitis

Contact our Motoring Offence Law team

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Reviews of our solicitors

September 22, 2026
I had Chelsey and Anton representation on case and the outcome was even better than anticipated. Super helpful, knowledgeable and professional. Could not recommend this firm and them specifically enough!
- Farida
August 17, 2026
Handled my case with compassion, clarity and efficiency. Having never been served a prosecution notice, in entirely unexpected circumstances, I feared the worst. Reassurance was delivered immediately. My solicitor, Olivia was a class act the whole way and Chelsey coordinated the process never missing a beat, communicating effectively throughout. I felt supported and the outcome of my court hearing has ensured that I can continue to drive.
- Jake Tyers
August 14, 2026
Excellent service. Rothera Bray recently represented me in court for a driving offence and their service was second to none. Everyone that dealt with me, namely Chelsey, Georgina and especially Anton in court , were absolutely amazing. I also extend this to those working behind the scenes. They were friendly, compassionate and very understanding and at a time when I was feeling somewhat overwhelmed by everything they really put me at ease. The outcome was excellent for me following Anton's representation. I was so happy , I can't thank you enough. I highly recommend Rothera Bray and wouldn't hesitate to use them again, although I am NOT planning on finding myself in a similar situation EVER again! I couldn't have wished or hoped for a better service. Gold star. :) Thank you! X
- Rupert
July 15, 2026
I engaged Rothera Bray for a motoring matter. They were professional, fair, honest and competent throughout - having spoken with a few other law firms, it was a very easy choice to go with them and I’m delighted that I did. Chelsey and Rebeca did an excellent job, gathering information and helping to focus on what mattered most. Anton was superb, putting me at ease “on the day”. He showed his expertise and command throughout and achieved a great outcome. Very grateful to the whole team and highly recommend.
- Danny C
July 6, 2026
I cannot thank Chelsey and the team at Rothera Bray LLP enough for their outstanding support. We were facing a highly stressful motoring matter involving a Section 172 allegation alongside a speeding offence, which originally arose because we never received the initial NIP / request to provide driver details in the post. Chelsey was incredibly efficient, swift and proactive. Thanks to her exceptional legal expertise, she acted immediately to negotiate with the Prosecution, successfully getting the Section 172 charge completely withdrawn before the court date. She resolved the speeding offence smoothly without requiring our personal attendance in Court and secured an incredibly favourable outcome (minimum penalty points and zero prosecution costs). Her communication was clear, fast, and deeply reassuring throughout the entire process. I would highly recommend Chelsey and her firm to anyone who requires legal assistance with motoring matters.
- W Cheng
July 1, 2026
Anton, Rebeca & Chelsey have been excellent from start to finish. Professional and reliable at all stages, handling everything with care and attention to detail. Nothing has been any trouble and are fast to respond to any queries. Extremely knowledgeable in their field and without a doubt would recommend to anyone.
- Jessica Cousins
June 15, 2026
This firm is awesome, they delt with everything quickly, and professionally. Georgina Power was amazing, will definitely be using them again.
- Andy Flint
April 30, 2026
Rothera Bray put a strong hardship case for me successfully. I would like to give a personal thanks to Anton who was kind, approachable and I was impressed with his professionalism. If you want a lawyer who will work your behalf to get the best result then look no further. I can not thank them enough.
- Chris H
April 30, 2026
I recently instructed Rothera Bray Solicitors for a totting up/exceptional hardship case and cannot praise them highly enough. Despite some delays and inconsistencies on my part during case preparation, they remained professional, patient, and thorough throughout. The solicitor expertly presented my circumstances to the Magistrates, resulting in a finding of exceptional hardship and no disqualification despite reaching 12 points. This outcome has protected my employment and family responsibilities. Their communication was clear, their advice was sound, and their representation in court was excellent. I'm extremely grateful for their work during what was an incredibly stressful time. Would absolutely recommend to anyone facing similar circumstances.
- Terence
April 30, 2026
Rothera Bray solicitors helped me keep my licence. From start to finish they were absolutely brilliant. The solicitor they sent to court with me was brilliant. And I can’t thank them enough. I gave 5 stars, I would of gave 10 if possible!
- Steve Yeomans
April 28, 2026
Rothera Bray were extremely professional and employed great communication throughout the process. They talked me through the possible scenarios and what the potential outcomes might be. Both the Paralegals and the Solicitor were clear and concise during their representation and achieved the best outcome I could've hoped for. I wouldn't hesitate to use them again.
- AC
January 23, 2026
I recently had a legal issue I needed assistance with and was told of Rothera Bray by an acquaintance. From my very first conversation with a very pleasant lady called Rebeca, my mind was put at ease. Further along the line I was then in conversations with Chelsey, who too was great. Very professional and informative. I was kept up to date on a daily basis and the two people I mentioned truly made a terrible time, very manageable. I cannot recommend Rothera Bray solicitors enough.
- Ben Pitcher
January 19, 2026
We recently had a hearing with the TC. Originally we were not going to appoint a representative but last minute decided to do so. We were recommended Georgina Power of Rothera Bay Solicitors who I initially contacted to make enquiries. As soon as I spoke to her I knew straight away she would advise and help us to the best of her ability and that she certainly did. In a very short timeframe Georgina took ownership of all documentation which took a lot of pressure off us, never in the past had we dealt with such proceedings. Then she communicated via email and then arranged a teams meeting. On the day of the hearing we met and Georgina made us feel relaxed and confident going into the hearing. Georgina helped us get the result we needed and we were able to continue with our license. I cannot speak highly enough of Georgina and the firm. All emails were answered promptly and any question were always addressed. If there was a score to be had above excellent I would 100% give it. Thankyou so much Georgina.
- Anonymous
January 15, 2026
I was put in contact with Georgina Power at Rothera Bray Solicitors following our request to attend an STL (Senior Team Leader meeting with the Traffic Commissioner). From the first conversation I was made to feel comfortable with both the professionalism along with the knowledge/experience to deal with our case. Throughout the process we were guided/advised in all area's along with the required expectations, a witness statement was prepared along with the required supporting evidence in advance of our case. At the STL meeting we were supported by Georgina verbally and on the back of this a positive outcome was achieved.
- G Barker
January 15, 2026
I have been working with VUS Ltd for almost a year now following a DVSA Stop and subsequent MIVR they were recently summoned to an STL Meeting at The Office of Traffic Commissioner, I advised the MD of VUS that it would be advisable to get a specialist Transport Solicitor on board to assist with this matter. I always give the names of 2 different Solicitors to my client one being Georgina Power who I had worked with on a PI for Woodspace Ltd (t/a C Dart). Thank you again to Georgina who did a very professional job and I will contact her again when I need to.
- Peter Adams - Transport Manger
November 10, 2025
I would like to send a big shout out to Anton Balkitis at Rothera Bray. Appearing at Court for me and handling the judges, knowing what to say and how to say it, is not something I could have done on my own. It felt good to have someone on my side that really knew their stuff. I highly recommend for anyone who needs a helping hand and wants the best outcome at Court.
- Ryan