Exceptional Hardship Totting Up Ban: 12 Points on your Driving Licence
Exceptional Hardship – Avoid a Totting Up Ban
Our Motorist Defence Team have an outstanding success rate of helping drivers keep their licence or reduce a ban with the Exceptional Hardship argument. If you have 12 points on your licence and need some advice we are here to help.
Call our Transport Team Email our Transport TeamWhat is Exceptional Hardship?
Exceptional hardship can usually be argued on the grounds of either emotional hardship or financial hardship. In order to successfully argue a case of exceptional hardship you will 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 in itself isn’t always accepted to be exceptional hardship.
What is a totting up ban?
If you have accrued 12 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.
Need help with 12 points on your licence? Call our exceptional hardship experts – 03456 465 465
It is 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, for 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.
12 Points on licence – How long could you be banned for?
If you do accumulate 12 points or more within a three year period, you will be disqualified for a minumum of at least 6 months under the totting up rules unless you successfully argue exceptional hardship. However, the length of ban can increase depending on your driving record:
- 6 months – standard minimum ban as required by the courts as soon as you reach 12 points on your licence
- 1 year – You will receive a 12 month ban for accumulating 12 points if you have had a previous disqualification of at least 56 days in the last 36 months
- 2 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 in helping clients to avoid a totting up ban through exceptional hardship arguments – check our Google Reviews
Arguing exceptional hardship is not easy, and seeking legal advice is often 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.
Why use Rothera Bray for Exceptional Hardship arguments?
We will 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 can offer Skype and Zoom meetings and represent clients across the UK.
We will work closely with you to ascertain your personal circumstances so we can provide a tailored exceptional hardship argument and legal advice that is specific to you.
We have a site dedicated solely to Motoring Offences whilst still using the same expert Motoring solicitors, so if you’re looking for more information about types of offences, our team, where we operate or case studies from some of our previous clients, then head over to Keep Me On The Road. If you feel you’ve read enough and want to speak to one of 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: please see visit our specialist motorist website for more information:
Keep Me On The Road - FeesSend us a message

“Our experienced and specialist team represent clients nationally on a day-to-day basis”
Anton Balkitis
Head of Transport Law
stars
Posted 15 July 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
stars
Posted 6 July 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
stars
Posted 1 July 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
stars
Posted 13 June 2026
This firm is awesome, they delt with everything quickly, and professionally. Georgina Power was amazing, will definitely be using them again.
Andy Flint
stars
Posted 28 April 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
stars
Posted 24 March 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
stars
Posted 26 February 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
stars
Posted 22 January 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
stars
Posted 17 January 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
stars
Posted 15 January 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
stars
Posted 15 January 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
stars
Posted 13 January 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

Anton Balkitis
Partner & Head of Transport
Anton Balkitis leads the Transport Law team and is a nationally recognised Transport and Motoring Law specialist at Nottingham-based law firm Rothera Bray Solicitors.

Olivia Maginn
Barrister & Senior Associate
Olivia Maginn is a transport and motoring law specialist at our Lace Market, Nottingham office.

Georgina Power
Associate Solicitor
Georgina Power is an Associate Solicitor in Rothera Bray’s Transport team and is based at our Lace Market office in Nottingham city centre.

Chelsey Sewell
Managing Paralegal
Chelsey Sewell is a paralegal in Rothera Bray’s transport and motorist offence department and is based at our Nottingham Lace Market office in the city centre.

Rebeca Large-Rodriguez
Paralegal
Rebeca Large-Rodriguez is a Paralegal in Rothera Bray’s Transport and Motorist Offence department and is based at our Lace Market office.

Summer holidays and children: What separated parents need to know before travelling abroad
As the summer holidays approach, many separated parents begin making plans for family holidays. Whilst these arrangements are often agreed without difficulty, disputes can arise when one parent wishes to take a child out of the country and the other parent does not consent. In some cases, parents may not realise that permission is required before making travel plans.

Firm strengthens Commercial Property team with appointment of Managing Associate
Rothera Bray has strengthened its Commercial Property offering in Derby with the appointment of experienced property solicitor Ed Postlethwaite as Managing Associate.

An open letter to Andy Burnham: we need a national public inquiry into maternity care
In an open letter to Andy Burnham, Greg Almond, Head of our Serious Personal Injury team, calls for a statutory public inquiry into maternity services across England, following the publication of the Ockenden Review and Amos Report.

Scotland moves ahead on non-surgical cosmetic procedure licensing – and England needs to catch up
The non-surgical cosmetic sector has long operated in a regulatory grey area, despite repeated calls for reform and well-documented risks. Scotland has taken the decisive step to address that gap by introducing the UK’s first statutory licensing framework for these procedures through the Non-surgical Procedures and Functions of Medical Reviewers (Scotland) Act 2026. The Act received Royal Assent on 12 May 2026.