Exceptional Hardship Solicitors
Our solicitors and barristers are highly experienced at representing clients who are facing a driving ban, but are claiming Exceptional Hardship. This will require an Exceptional Hardship Application.
Our team of skilled and highly Qualified Motoring Defence Solicitors have a wealth of experience in preparing and successfully arguing exceptional hardship applications before the Magistrates’ Court which has resulted in many of our clients avoiding a mandatory Totting-Up / Penalty Points Driving Ban. If you are in a position where you are facing a disqualification because of the accumulation of 12 or more points, call our lawyers on 03452229955 or complete our Contact Form towards the bottom of this page to receive a no obligation initial telephone assessment of your case.
We understand that losing your driving licence can have an adverse impact on your career, family life, dependants and finances, and for that reason specialist legal advice should be sought at an early stage to provide you with the best chance of avoiding a driving ban.
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.
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’.
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Exceptional Hardship Arguments
For your personal circumstances to qualify under this, the difficulties a driving ban would cause must be more than normally suffered by other defendants in your position.
A driving ban will put many people at a high risk of losing their job, whether this would be accepted by the Court to issue discretion would be based on personal and individual circumstances.
To be successful with the application, a defendant must convince the Court, on the balance of probabilities that the ban would result in hardship which is exceptional. The burden of proving this rests with the defendant. It is crucial to understand that the Court must ban the driver for a minimum of 6 months if it is not convinced by the application and personal circumstances.
If this application is made, the Court will consider the effects of a disqualification on other people. These third parties are effectively innocent of any offence or wrongdoing and would essentially be punished if the driver were to be banned.
Appointing our experienced solicitors is recommended as we can prepare the case and provide you with the right legal advice to enhance your chances of achieving a positive outcome.
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.
Why Choose Kang & Co Solicitors
- Recognised as a Best Rated Motoring Law Firm
- Only Qualified Solicitors and Barristers working on client files: We guarantee our clients that their case will only ever be dealt with by a qualified solicitor or barrister from start to finish. We do not have any legal assistants or paralegals learning on your case.
- Face to Face Meetings: We take the time to understand the individual needs and requirements of all our clients and offer meetings in person at our offices in Birmingham, Milton Keynes or London.
- Fixed Fees: We offer Fixed Fees for most motoring law cases, so that you will know exactly how much the case will cost.
- 5 Star Law Firm: Our clients frequently leave positive 5 Star reviews of our service and representation on Google Reviews, Trustpilot and Yell.
- High Profile Clients: Due to our expertise and specialism within road traffic offences, we frequently represent many high-profile clients, including sports personalities, actors, politicians and business owners.
- National Coverage: with our offices strategically located in Birmingham City Centre, Milton Keynes and at 5 Chancery Lane in London, we are ideally located to represent clients across the country.
- Honest Legal Advice: We don’t advertise misleading, inaccurate and false success rates on our website, like many other law firms such as ‘97% Success Rate!!!’ to secure new clients. We provide honest and ethical advice to all our clients throughout. The success of a case will be based on an individual basis, the circumstances of the case and the evidence.
- Tailored Approach: Our solicitors understand that each client is an individual, with individual circumstances and we take the time to understand the needs of each client so that we can provide a tailored service.
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
Our lawyers pride themselves in providing honest, robust and practical legal advise to all our clients. This level of dedication to our clients frequently results in positive feedback:
“Excellent service. Would recommend them.” – Rosie Paul
“I was being investigated for a driving offence and the advice I received from Kang & Co resulted in my case being dropped by the Police. I highly recommend this specialist law firm.” – Sonia
“This law firm should be everyone’s first choice. Professional, approachable and dynamic.” – Marko
“Good Customer Service. Listened to my concerns were very helpful and give me clear advice. Called me when they said they would do. Ensured me if I needed they help again they would Happy to help. Mr Kang was very easy to speak too.” – R. Lyall
“After a minor incident I required some legal assistance and found Kang and Co online. I have had a truly exceptional experience and will recommend Manjinder Kang to all my friends and family. He provides a personal level of service and never talks at you but to you with clear and honest advice. In an uncertain situation it’s good to know you can rely on someone professional and competent with extensive expertise at really good value. I won’t hesitate to use Kang and Co in the future.” – Charles
“Superb service, very thorough. The best part of this practice is the Mr Kang took the time to get to know me and understand my situation. He is proactive and understands each case is different.” – Ben
“I found using Kang And Co was a good choice, was like using a top corporate lawyer from London would highly recommend” – Ravi
“For personal service, security and efficiency I recommend Kang & Co. A complete service with the comfort of a clear and understandable process directed by high quality staff.” – Margaret Clarke
“Kang & co solicitors are worth every penny spent. I have had a very good experience with this solicitor, helping me reduce my inevitable driving ban to as low as I could have possibly wished for. This firm are clearly very experienced and knowledgeable at their jobs, providing me with all the possible options and outcomes. They were very supportive throughout the entire process and I owe them a big thank you for helping me to retain my job.” – Matthew Nutt
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 experienced driving offences solicitors on 0345 222 9955 or fill out our enquiry form below.
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