Exceptional Hardship Solicitors

The Sentence Without  Exceptional Hardship Arguement

Motorists can accumulate up to 11 penalty points on their driving licence in a three-year period however, if the number of points reaches or exceeds 12, the Magistrates’ Court will impose a driving disqualification of at least 6 months. This is known as ‘Totting-Up’ or a Penalty Points Disqualification.  A lengthy driving ban will cause some people significant difficulties and the Criminal Justice System allows for Exceptional Hardship Arguments to be made before the Court, which if successful will avoid the mandatory 6-month disqualification.

We regularly and successfully present such applications at Magistrates’ Courts throughout England and Wales. Our solicitors are available to represent you anywhere in the country and can prepare and present your case before the Court.

Ordinary Hardship

Almost every motorist that loses their licence is likely to suffer some type of ‘hardship’. This could be in the form of difficulties to the family, such as collecting the children from school or driving to the shops. Another aspect could be difficulties in travelling to and from work. It is important to understand that these are everyday tasks and every disqualified driver would experience these issues in daily life.

The Court imposes a driving disqualification as a punishment and under Section 35(4)(b) Road Traffic Offenders Act 1988 it is expressly prohibited from considering anything other than what is known as ‘exceptional hardship’.

The Options Available to You

If you find yourself in this situation, you essentially have two options you can either choose to make an application to the Magistrates’ for Exceptional Hardship or you can decide not to. If you decide not to make the application, you will automatically receive a driving ban of at least 6 months.

There is no disadvantage in making an exceptional hardship argument, and for that reason we would usually recommend making the application if you find yourself appearing before the court as a ‘totter’.

How to Prepare Your Case

A successful case is created through preparation and by appointing excellent legal representation. The focus of the case will need to be around you and your personal circumstances, not the driving offence.

All relevant personal and professional information will need to be put before the court to give you the best opportunity to save your licence.

In preparing your case, we will take a detailed statement from you and will identify evidence which is required to support our submissions. We have substantial experience in these types of hearings and frequently represent drivers across the country daily.

The court is frequently presented with motorists explaining that they will lose their job if given a ban, this is a valid point, however it will need a substantially more compelling and convincing argument as to why they should not impose the mandatory disqualification.

The Procedure

A case for exceptional hardship must be made in person at Court, this can be a difficult and frightening experience for people who are not familiar with the Courts or Criminal Justice System.

The precise procedure varies slightly between each Court. A defendant may be required to take an oath and give live oral evidence before the Magistrates’ or District Judge of his / her circumstances. This evidence is usually cross-examined by the Prosecutor, Magistrates or Judge to determine exactly how ‘exceptional’ the hardship really is.

We have a wealth of experience in this area and have the appropriate knowledge of the various grounds that can be put before the Court.

What would qualify depends on personal circumstances. However, the following are some grounds which have been used on previous cases:

• Impact on family members or dependants
• Personal / financial implications
• Impact on business – If your business would be placed at risk due to a ban
• Inability to care for elderly/disabled relatives
• Impact on charity involvement – if it would prevent you from continuing your charity / community activities
• Loss of employment – if you need to drive as part of your career and have financial dependents who would suffer if you became unemployed
• Impact on other staff – if the driver is a business owner or manager and being disqualified would have a negative effect on employees or colleagues
• Loss of home – If the defendant would lose their home because of financial difficulties

Some Recent Related Cases

Below you will find a selection of case studies from some most recent driving cases of which we were appointed to represent a client.

Our Motoring Solicitors

A driving disqualification can have a significant detrimental impact on employment, family life and social life. Many people tend to take driving for granted, however, if you are facing a penalty points disqualification, there is a high risk that you will be banned from driving, which could result in unemployment, which in turn may transpire into difficulties in paying the mortgage/household bills and family disputes.

Our driving lawyers have a strong record of successfully advancing arguments to avoid the imposition of a ban.

If you are at risk of losing your licence and would like to make an exceptional hardship application to save your driving licence, contact our specialist driving offences team on 0330 818 9827 or fill out our enquiry form below.