Kirsty Gallacher Row Deepens as Driving Ban Sparks Debate Over ‘Exceptional Hardship’ Rules
TV presenter Kirsty Gallacher has accused a district judge of showing “no empathy” after she was banned from driving for six months for travelling 35mph in a 30mph zone. The 49-year-old admitted the offence but said she depends on her car for work, parenting duties and medical appointments linked to a benign brain tumour.
Why the Court Rejected Her Appeal
The speeding incident, recorded near her home in Maidens Green, Berkshire, triggered a mandatory “totting-up” ban because she already had nine points from three earlier offences in 2023 and 2024. Under UK law, reaching 12 points in three years automatically leads to a six-month disqualification unless the driver proves exceptional hardship.
In court, Gallacher said infrequent rural buses made it difficult to get her youngest son to school or activities, and she needed to travel to Oxford for radiotherapy for an acoustic neuroma, which has left her deaf in one ear. She also said she could not afford daily taxis, despite earning around £150,000 a year with £80,000 in savings.
District Judge Arvind Sharma said her circumstances did not meet the legal threshold. “Things will be harder for you,” he said, “but those are manageable.” She was also fined £1,044.
Health Strain and Recent Assault
Gallacher said the ruling left her shocked. “I’m just an ordinary mum with plates spinning… It’s going to be very difficult.” Her barrister, Sophia Dower, called her “a one-woman band” juggling work, children and treatment.
The court also heard she was recently assaulted in central London, telling police she was “kicked… like a football” by a man who may have targeted her. She said the attack worsened her anxiety and made walking alone harder while undergoing treatment for her fast-growing tumour.
She previously received a two-year driving ban in 2017 after a drink-drive offence, though it did not influence the court’s decision this time.
Legal context: why the exceptional-hardship plea failed
Under section 35 of the Road Traffic Offenders Act 1988, magistrates must impose a six-month disqualification when a driver reaches 12 points unless the defendant proves exceptional hardship — a narrowly defined test. The law distinguishes between hardship, which is common, and exceptional hardship, which must show severe, unusual consequences that could not reasonably be avoided.
Motoring lawyer Nick Freeman, known for representing high-profile drivers, has repeatedly warned that hardship arguments often fail. In a previous interview about similar cases, he said: “Exceptional hardship has to be truly exceptional. Serious inconvenience, or even significant difficulty, is rarely enough.” His interpretation aligns with the approach many magistrates now take when assessing income, savings and the availability of alternative travel.
In Gallacher’s case, the court found that while her circumstances were demanding, her access to taxis or private hire transport — though expensive — meant the consequences did not reach the exceptional threshold. The presence of savings, regular income and available alternatives weighed heavily in the decision.
Timeline: key events in the case
• 1 April 2025 – Gallacher recorded at 35mph in a 30mph zone near her home
• 2023–2024 – Three previous speeding offences bring her to nine active points
• October 2025 – Reports assault in central London; police investigate
• November 2025 – Appears at High Wycombe Magistrates’ Court, pleads guilty
• Same day – Judge imposes six-month ban and £1,044 fine
Ongoing personal pressures
Gallacher told the court she feels “broken” by the combined impact of her illness, single-parent responsibilities and the recent assault. She said she worries about attending radiotherapy appointments without the security of driving and remains concerned about her son’s transport needs. Despite her financial stability, she argued that daily transport costs would strain her household while she undergoes treatment.
She left the courthouse covering her head and did not confirm whether she intends to appeal the ruling.
What this means
The ruling highlights the strict approach UK magistrates take when applying exceptional-hardship rules. The test is not whether a driving ban will be disruptive — it almost always is — but whether its consequences are so severe and unavoidable that they surpass ordinary difficulty. For drivers facing totting-up disqualifications, income, savings and available transport alternatives often determine whether the defence succeeds. Gallacher’s case shows that even complex personal and medical pressures may not meet the threshold if workable alternatives remain available.
Frequently Asked Questions About UK Driving Bans
What happens if you get a driving ban?
If you receive a driving ban in the UK, you must stop driving immediately for the length of the disqualification. Your licence is either surrendered or automatically invalidated, and you may need to reapply for a new licence at the end of the ban. In more serious cases, you may also need to retake your driving test.
What is the longest driving ban you can get?
There is no fixed maximum. Courts can issue bans ranging from a few weeks to life, depending on the severity of the offence. Lifetime bans are rare and typically reserved for the most serious or repeated dangerous driving offences.
How do I check if I’m banned from driving?
You can check your driving record instantly on the DVLA website using your driving licence number, National Insurance number and postcode. If you’re banned, the disqualification dates will be shown on your record.
What speed gets you a driving ban?
There is no single speed that automatically leads to a ban. However, very high speeds — usually more than 30mph over the limit — can result in an instant disqualification. For example, driving at 100mph on a motorway or 60mph in a 30mph zone often leads to a ban.
What happens if you get caught doing 90mph in a 70mph?
It usually results in three points and a fine, but depending on circumstances and previous points, magistrates can issue a short driving ban. Repeat offenders or those with existing points are more likely to face disqualification.
Can you drive after 2 beers in the UK?
It depends on your weight, metabolism and drink size. Even two beers can put some people over the legal limit. The safest and legally sound advice is that there is no safe amount of alcohol to drive after. If you’re unsure, don’t drive.
