If a driver collects 12 or more penalty points within 3 years he is liable to be disqualified for a minimum of 6 months unless the court can be persuaded that there are "mitigating circumstances" and the driver should not be disqualifed, or alternatively disqualification should be for a shorter period. 

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The 6 month disqualification period is increased to 12 months if the accused has been previously disqualified for 56 days or more within the 3 year period immediately preceding the commission of the latest offence. If he has been disqualified twice the period is 2 years.

The 3 year period runs form the date of the first offence to the date of the last offence.

The following cannot be taken into account as "mitigating circumstances":

• Any circumstances that are alleged to make the offence or any of the offences not a serious one
• Hardship other than exceptional hardship
• Any circumstances taken into account by a Court when the offender escaped disqualification or was banned for less than the minimum period on a previous occasion when he was liable to be disqualified as a 'totter'.

For hardship to be exceptional it must be more than is normally suffered as a result of a driving ban. It can, but does not necessarily include:

• Loss of employment
• Hardship caused to someone other than the accused e.g. the accused's employer, employees or family

A driver convicted of a 2nd drink related offence within 10 years is liable to be disqualified for a minimum period of 3 years.

The comments above are general and should not be taken as a definitive statement of the law or procedure. Expert advice should always be sought on this area. We have not attempted to cover all the factors that may be relevant where an offence is alleged to have been committed.