Exceptional hardship, special reasons and new drivers
A totting-up ban for 12 or more points can be reduced or avoided for exceptional hardship (Road Traffic Offenders Act 1988 s.35), but the same circumstances cannot be relied on again within three years. Special reasons connected with the offence, proved by the defendant on the balance of probabilities, can avoid an obligatory ban (s.34(1)) or points (s.44(2)).
Totting up
A driver reaching 12 or more points (offences within three years of the latest) must be banned for at least 6 months. This rises to 1 year if one previous ban of 56 days or more, or 2 years if more than one, was imposed in the three years before the latest offence (Road Traffic Offenders Act 1988 ss.29, 35; see Speeding, penalty points and totting-up bans).
Exceptional hardship
- The court may shorten or not impose the ban on grounds for mitigating the normal consequences, usually exceptional hardship (s.35(1)).
- It cannot consider circumstances said to make the offence not serious, ordinary hardship, or circumstances already used to avoid or reduce a ban in the three years before this conviction (s.35(4)).
- Losing a job is not enough on its own; the court looks at the wider effect and needs evidence that alternatives are not viable.
- The driver must prove it on the balance of probabilities, normally by sworn evidence.
Special reasons
- For offences with obligatory disqualification, the court may for special reasons impose a shorter ban or none (s.34(1)); for endorsable offences it may decline to endorse (s.44(2)).
- A special reason must be a mitigating circumstance directly connected with the offence, not a legal defence (R v Wickins (1958) 42 Cr App R 236). It must relate to the offence, not the offender, so hardship never qualifies (Whittall v Kirby [1947] KB 194).
- Spiked drinks: the driver must show the drink was spiked without their knowledge and that the alcohol over the limit (in breath cases, over the 40 microgramme level at which police normally prosecute) came from the added drink (R v Cambridge Magistrates' Court, ex p Wong [1992] RTR 382; R (Ambrose) v Chester Magistrates' Court [2026] EWHC 1728 (Admin)).
- Short distance: the court weighs how far and how it was driven, the vehicle's state, any intention to go further, road and traffic conditions, risk to others and the reason for driving (Chatters v Burke [1986] 1 WLR 1321).
- A genuine emergency, with no reasonable alternative to driving, may qualify (see Drink driving, failing to provide and drug driving).
- If special reasons are found, the court may still disqualify (R v Newton [1974] RTR 451).
Procedure
The burden is on the defendant, on the balance of probabilities. A court that does not disqualify or endorse, or shortens a ban, must state why in open court (s.47).
New drivers
If a driver gets points (from a court or fixed penalty) for an offence committed within 2 years of passing the test and their total reaches 6 or more (including points from before the test that still count), the licence is revoked (Road Traffic (New Drivers) Act 1995 ss.2, 3). They must pass the theory and practical tests again. Revocation is automatic, so exceptional hardship does not apply, and courts should not usually impose a ban instead of points to avoid it.
In practice
Early advice from a solicitor matters.
Authorities: Road Traffic Offenders Act 1988 ss.29, 34, 35, 44, 47; Road Traffic (New Drivers) Act 1995 ss.2, 3; R v Wickins (1958) 42 Cr App R 236; Whittall v Kirby [1947] KB 194; Chatters v Burke [1986] 1 WLR 1321 (as applied in DPP v Cove [2008] EWHC 441 (Admin)); R v Newton [1974] RTR 451; R v Cambridge Magistrates' Court, ex p Wong [1992] RTR 382; R (Ambrose) v Chester Magistrates' Court [2026] EWHC 1728 (Admin); Sentencing Council, Driving disqualification guideline (effective 1 April 2025) and Road traffic offences - disqualification explanatory material; CPS, Road Traffic - Summary Offences; GOV.UK, Penalty points: new drivers