Solicitors for Exceptional Hardship ApplicationsKang & Co can help advance your exceptional hardship application
Almost every driving disqualification is likely to result in some form of ‘hardship’. This hardship could be in the form of hardship to the family, such as collecting the children from school or driving to the shops. Another aspect of hardship could be travelling to and from work. It is important to understand that these are everyday tasks and every disqualified driver would face some form of ‘hardship’ if they were to be disqualified from driving.
The Court imposes a driving disqualification as a punishment and under Section 35(4)(b) Road Traffic Offender Act 1988 the Court is expressly prohibited from considering any ‘hardship’ other than ‘exceptional hardship’.
An application to the Court based on ‘hardship’ alone will not be sufficient to avoid a driving disqualification because almost every driver experiences hardship of some form or another.
The Court will however consider an ‘exceptional hardship’ application. In order for hardship to be ‘exceptional’ it must be more than normally suffered because of a driving disqualification. As mentioned above the vast majority of motorists disqualified from driving are at a significant risk of hardship and losing their job, whether this would amount to ‘exceptional hardship’ is based on individual circumstances and to be determined on a case by case basis.
A defendant expressing ‘exceptional hardship’ must demonstrate to the Court, on the balance of probabilities that exceptional hardship other than ordinary hardship exists. The burden on proving exceptional hardship rests with the defendant. It is crucial to understand that the Court must disqualify the defendant from driving, unless the Court is satisfied that exceptional hardship exists.
When determining whether exceptional hardship exists, the Court will also 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 disqualified from driving.
Exceptional Hardship Procedure
An exceptional hardship application must be made in Court, which can be a difficult and frightening experience for people who are not familiar with the Courts or Criminal Justice System.
The precise procedure for an exceptional hardship application varies between each Court. In some Courts, 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 of the defendant is usually cross-examined by the Prosecutor, Magistrates or Judge to determine exactly how ‘exceptional’ the hardship really is.
At Kang & Co Solicitors, we have a wealth of experience in this area and this is proven within our success rates in assisting drivers in avoiding driving disqualifications. Our motoring lawyers have the appropriate knowledge of the various exceptional hardship arguments that can be put before the
Court forward and can also advise you on the necessary evidence to support and strengthen the Exceptional Hardship Argument.
What amounts to Exceptional Hardship varies depending on personal circumstances. However, the following are some arguments which have been used to persuade the Court of Exceptional Hardship:
- Impact on family members
- Personal/financial implications
- Impact on business
- Inability to care for elderly / disabled individuals
- Loss of employment
- Impact on employee
Our Motoring Law Solicitors
A driving disqualification can have a significant detrimental impact upon employment, family life and social life. Motorists tend to take driving for granted, however if you are facing a driving disqualification, there is a high risk that you will be disqualified from driving, which could result in unemployment, which in turn may transpire into difficulties in paying the mortgage / household bills and family disputes.
If you are facing a driving disqualification 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 send an e-mail to email@example.com so that you have the best chance at saving your driving licence and possibly your job.
Our motoring law solicitors have an excellent success rate at advancing exceptional hardship applications and convincing the Court not to disqualify our clients from driving.
We regularly represent clients facing a driving ban in Birmingham, Manchester, London, Leeds, Liverpool, Bristol, Wolverhampton, Nottingham, Sheffield, Derby and Leamington Spa.
Request A Call Back or Email from a Kang & Co Solicitor
Do you require a driving offence solicitor? Please don’t hesitate to get in touch with us. Use our quick contact form below and a member of our experienced and professional team will contact you as soon as possible to discuss your requirements and your options.