What Are The Exceptional Hardship Sentencing Guidelines?

Facing a driving disqualification can have a profound impact on your life, and affect your employment, family commitments and personal freedom. In England and Wales, accumulating 12 or more penalty points within a three-year period typically results in a mandatory ‘totting up’ disqualification. However, the law provides a potential lifeline in the form of an ‘exceptional hardship’ argument.

The exceptional hardship sentencing guidelines are not a rigid set of rules but a legal framework established under the Road Traffic Offenders Act 1988. This allows a court to exercise its discretion and decide not to impose a ban, or to impose a shorter disqualification period, if it can be proven that the consequences of the ban would be exceptionally severe. At JMW, our specialist motoring offence solicitors have extensive experience in navigating these guidelines, presenting robust arguments to the court and protecting our clients' licences.