In this “Quick Guide” we will take you through Exceptional Hardship Applications and when & where they are best used when trying to avoid a driving ban.
When a motorist accumulates 12 penalty points on their driving licence within a 3-year period, the law requires the Magistrates to disqualify them for at least 6 months. An Exceptional Hardship Application can be put before the Court, which if successful allows the Court to impose a ban of less than 6 months, or no disqualification.
What are the penalties for accumulating 12 points?
The Court must impose a driving ban of at least 6 months, unless the Court accepts the Exceptional Hardship Application.
If you do not put an Exceptional Hardship Application forward, you will receive a ban of at least 6 months.
When will I require legal representation?
If you are considering putting forward an Exceptional Hardship Application to avoid a 6 month driving ban, you should appoint a specialist driving offence solicitor as soon as possible. An Exceptional Hardship Application will need to be:
- Prepared properly
- Supported with evidence
- Properly presented in Court
Things our solicitors look out for in Exceptional Hardship cases
- Understanding the specific needs of each client
- Understanding the background of each client
- Understanding how a long driving disqualification affects our client
- Understanding how a long disqualification would affect our clients dependents
- Fully exploring all possible long term repercussions of a long driving ban
- Identifying potential evidence which strengthens the application
- Ensuring that our clients understand the weakness in their application
- Ensuring that the application is properly prepared in advance of the Court Hearing
- Ensuring that the application is properly presented in Court by a skilled, experienced and qualified Solicitor or Barrister
Do you require a solicitor for an Exceptional Hardship Application?
If you have just read our quick guide to Exceptional Hardship you should have an idea by now whether you require legal representation. If you feel you do require legal advice and representation please not hesitate to contact us by calling 0345 222 9955 or by filling out our contact form.
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