In some cases, such as drink driving or death by dangerous driving, a driving ban is obligatory. However, for other driving offences, disqualification is discretionary and it is therefore possible to avoid a driving ban if the correct mitigation is presented to the Court.

Although under the totting up procedure a driving ban is mandatory, the Court does in fact have discretion and a totting up ban can be avoided if the Court accept a submission of exceptional hardship.

Before imposing any discretionary driving disqualification, the Court will allow the motorist the opportunity to plead for their driving licence. The Court will take into account the individual’s circumstances to include the circumstances of the offence and the effect a driving disqualification would have. If the Defendant can show that having taken into account all of the information available, a driving ban would be an exceptionally harsh punishment, the Court can exercise discretion and allow the Defendant to keep their licence.