Exceptional Hardship and what it means if there is a danger you are likely to reach the 12 point limit on your driving license.
Is it correct that any driver facing the imposition of 12 penalty points upon their driving licence will be subject to a mandatory 6 month disqualification from driving?
The answer is no, not in all circumstances. If you argue and persuade the Court that a 6-month driving ban will cause ‘exceptional hardship’ to you or any other person, you may avoid a ban.
Whilst it can be argued that any order of disqualification from driving will entail hardship for the person who is disqualified, the hardship must be ‘exceptional’ to persuade the Court, and it in this area that Taylor Law can help.
There is no specific legal definition of what may amount to exceptional hardship. Each case will turn on its own particular facts and the personal circumstances of the individual driver. For example, loss of employment will undoubtedly cause some hardship for anyone, but whether that amounts to ‘exceptional hardship’ will depend on a number of factors, including financial circumstances and family support, to name a few. The correct presentation of an exceptional hardship argument is therefore vital to increase the chances of retaining your driving licence, however you should be aware that it will still be endorsed with 12 penalty points,
Hardship can often be caused to wholly innocent individuals other than the driver and licence holder. Case law provides that the Court should take more account of hardship caused to innocent parties such as family members and employees, than to the offender. Proving the nature and extent of the hardship caused to others is often where the argument lies. We have also successfully argued that ‘exceptional’ hardship can be suffered by employers if your work is so specialised that your company will suffer if it is not possible to find a replacement, and thereby vulnerable customers, clients, students, will all suffer without your professional skills.
Any argument that a driver should not be disqualified because of exceptional hardship must be supported by evidence presented to the Court. The defendant will almost always be required to give evidence in Court, and to call evidence to support their case. The process of gathering and preparing the right evidence to support an application is therefore paramount to the success of any case in court.
Where exceptional hardship is found, the Court is not likely to disqualify, but does have the power to reduce the 6-month disqualification period to a lower period.
Taylor Law has expert motoring solicitors on hand to advise upon the strength of your exceptional hardship argument, help prepare the case, and represent you in court. Our preparation and presentation of the evidence and advocacy to the Court have often been the difference between a 6-month driving ban and retaining a driving licence.
We pride ourselves in our 100% success rate based on all exceptional hardship arguments put forward to local courts in the last 12 months. ^accurate to 31-3-22
At Taylor Law we offer in-depth expertise and pragmatic advice. If you are involved in a motoring offence case, we will provide strong guidance and representation and work with you to resolve the issue without delay.
Taking legal advice early on as soon as the situation arises can mitigate problems and offers the best chance of quick resolution. If you would like to discuss allegations against you, we would be happy to hear from you.
We have offices in Leeds, Middlesbrough and London. For an initial discussion, ring us on 0113 532 8100 (Leeds), 01642 221 108 (Middlesbrough) or 0203 780 7646 (London) or fill in our Contact Form.