Motoring & Licence-Restoration
Offences We Cover
We act for clients charged with virtually all motoring and driving offences, including (but not limited to):
- Speeding (fixed-penalty and court speed trials)
- Driving without due care and attention / careless driving
- Dangerous driving
- Drink driving / driving under the influence of drugs
- Driving while disqualified
- Failure to provide a specimen
- Using a vehicle without insurance / in breach of licence conditions
- “Totting up” disqualifications (accumulating penalty points)
- New driver revocation (six-point rule in first two years)
- Offences involving use of a vehicle in furtherance of crime
- Other ancillary motoring offences (failure to stop, obstructing police, etc.)
We also advise on cases where a disqualification has already been imposed and you wish to apply for early return, reduction, or restoration of your licence.
By engaging us early, we can explore defences, mitigation, or arguments such as “special reasons” or “exceptional hardship” before the court imposes disqualification.
Special Reasons (s.34 RTOA 1988), what they are, when they apply
What is a “special reason”?
Under section 34 of the Road Traffic Offenders Act 1988, some offences attract a mandatory disqualification (or a mandatory minimum period). But if the court is satisfied that “special reasons” exist in a particular case, it has a discretion either to reduce the disqualification or even decline to disqualify.
However:
- The defendant must still have been convicted (or pleaded guilty).
- The special reason must relate to the facts of the offence itself, not merely to the driver’s personal circumstances (for example, “I cannot afford to lose my job” alone is not sufficient).
- The special reason must be a mitigating or extenuating factor connected to the commission of the offence and one the court should properly take into account.
A few illustrative examples (though each case must be judged on its own facts) include:
- A case where a driver’s drink was unknowingly “spiked” or laced, such that had the lacing not occurred, the driver would not have been over the limit.
- Acting under a genuine emergency (though the threshold is high, and courts scrutinise whether alternatives existed).
If a special reasons argument succeeds, the court may:
- Avoid disqualification entirely (i.e. impose only points, or other penalties), or
- Impose a shorter period of disqualification than would otherwise be mandatory. (Road Law Barristers)
At RCM, we carefully assess whether special reasons exist in your case and present them in the strongest terms, backed by evidence and legal authorities.
Exceptional Hardship (Totting / 12-Point Disqualifications)
When does exceptional hardship arise?
If a driver accumulates 12 or more penalty points within a three-year period (the “totting up” rule), a mandatory disqualification must ordinarily follow.
However, under section 35 of the Road Traffic Offenders Act 1988, a court may, in exceptional hardship cases, mitigate or avoid that disqualification.
The concept is that the hardship caused by the ban must go significantly beyond what is normally expected from a driving disqualification — and must affect either the driver or innocent third parties (dependents, businesses, etc.).
Examples of hardship the court may consider:
- Loss of employment that cannot realistically be avoided
- Impact on someone (e.g. family member, patient, child) who depends on the driver
- Financial collapse or threat to a business
- Medical necessity or dependency that cannot be addressed by alternative transport
That said, the court will expect evidence and will consider whether alternative arrangements (public transport, car sharing, etc.) are feasible.
Also, if a hardship argument (or any part thereof) was used in a prior exceptional hardship application within the prior three years, the same grounds cannot ordinarily be reused.
If successful, the court may:
- Reduce the period of disqualification
- In rare cases, avoid disqualification altogether (but the points remain)
At RCM, we prepare a detailed hardship bundle (evidence, spreadsheets, medical reports, employer statements, etc.) and present it persuasively to the court.
Reduction, Early Return, Restoration of Disqualification Periods
Even after a court has imposed a disqualification, there may be routes to reduce the period or restore your licence early:
Reducing the disqualification — application to court
Under UK law, you can ask the court to reduce the period of disqualification after you have served part of it. The rules are:
- If the disqualification was less than 4 years, you may apply after 2 years.
- If the disqualification was between 4 and 10 years, you may apply after half of the period has elapsed.
- If the disqualification was 10 years or more, you may apply after 5 years.
You must show “good reason” for requesting a reduction (for example, a legal error in the original sentencing, or facts not previously taken into account).
If the court agrees, it notifies the DVLA, and you may then reapply for your licence.
Early return / restoration under Section 42 RTOA
In some cases a disqualified driver may apply for early removal/restoration of a
disqualification under Section 42 of the Road Traffic Offenders Act 1988.
The time thresholds are:
- Disqualifications of 4 years or less: you may apply after 2 years served
- Disqualifications between 4 and 10 years: you may apply after half the period
- Disqualifications of 10 years or more: you may apply after 5 years
However:
- If the court has ordered that you must take a retest (often in serious cases such as dangerous driving), you cannot make an early restoration until after that test is passe (or where ordered).
- The application must be made to the same court which imposed the original disqualification.
- You must present compelling reasons as to why you should get your licence back early (employment, medical or family hardship, etc.).
If successful, the court may end the disqualification earlier, allowing you to apply for a new licence (subject to any testing requirements).
What happens when the ban ends?
Once the disqualification period has expired (or has been reduced/restored), you do not automatically regain your licence. You must apply to the DVLA for a new licence.
For bans longer than 56 days, you may have to retake the theory and/or practical test, or an extended test depending on the seriousness of the original offence.
Why Choose RCM Solicitors
- Expertise in motoring law — we have specialist solicitors regularly handling driving offence and licence applications
- Tailored strategy — every case is different: we assess early whether a special reasons or exceptional hardship argument exists
- Evidence-led approach — we assist in obtaining medical reports, employer statements, dependency evidence, financial data, etc.
- Court advocacy & drafting — we prepare and present your submissions, negotiate with the prosecution, and argue in court
- Transparent advice & fees — we explain your risks, prospects, and options clearly, and offer cost-effective packages
- Client care & support — we know how stressful these matters are. You’ll have a dedicated point of contact and frequent updates.