What is the Exceptional Hardship Defence?
Drivers in the UK are subject to a set of rules and responsibilities. When a person breaks these rules, they are subject to consequences including penalty points on their driving licence. These points work on a “totting up” system, and if a driver accumulates 12 penalty points over a three-year period, they can receive a totting up disqualification for a minimum period of six months. If the person disqualified has one previous disqualification during the three years immediately preceding the current offence, the minimum ban rises to one year.
At #1 Motoring Solicitors, we understand that life can be complex and that certain personal and professional circumstances could mean that a driving ban would create significant hardship for you or the people you are responsible for. Our goal is to examine every option to help you keep your driving licence. If you meet certain criteria that demonstrate exceptional hardship, we can argue for you to avoid disqualification or advocate for a reduced disqualification period. “Exceptional hardship” refers to circumstances that mean a ban would cause extraordinary difficulties beyond normal circumstances or the standard inconvenience experienced by anyone facing a driving ban.
Many drivers facing disqualification wonder, “What is the exceptional hardship success rate?” The answer depends on your personal circumstances, but #1 Motoring Solicitors has an excellent track record for successfully arguing these cases before the Magistrates Court.
Examples of Exceptional Hardship
The key to a successful exceptional hardship application is proving to the court that losing your licence would cause both yourself and others to suffer exceptional hardship. Examples could include:
- The inability to care for dependents or immediate family members who rely on you for transportation as a result of a driving disqualification. An example of this would be a single parent being required to drive their children to healthcare appointments who faces public transport restrictions. This could also apply to individuals responsible for the care of elderly or disabled relatives.
- Significant impact on your employment, potentially leading to loss of employment if your role requires driving. It is important to include the potential consequences of such a loss of employment, including your inability to pay your rent or mortgage or other significant financial hardship.
- Effects on employees and their livelihoods if you are responsible for a business. For example, a small business owner whose operations rely on the ability to drive and who does not have an alternative means of transportation.
Each exceptional hardship case is unique, and the success of an argument greatly depends on the ability to provide compelling evidence and articulate the extent of the hardships faced. You should be fully prepared to provide the necessary documentation of these circumstances and relevant information relating to your case, including letters from any relevant doctors or your employer.
The court will require evidence that a driving disqualification entails hardship beyond just an inconvenience, and the evidence presented will be a key part of their decision during your court hearing. If you have had a previous disqualification, you cannot use the same grounds a second time.
How Can #1 Motoring Solicitors Help?
#1 Motoring Solicitors specialise in defending drivers facing a totting-up ban and have successfully argued to reduce or prevent driving bans for many of our clients using exceptional hardship arguments.
Our expert motoring solicitors are equipped to argue exceptional hardship on your behalf to help you avoid a driving disqualification. We are ready to help you assemble the evidence required to make your exceptional hardship application before the Magistrates Court. Our approach involves:
- A comprehensive assessment of your unique circumstances, including your family and work obligations and financial position. We will also examine your driving history including previous motoring offences and whether you have had more than one disqualification.
- Strategic legal advice on the strongest grounds for your exceptional hardship argument if such grounds exist. If you have had a previous disqualification, we will ensure the same argument is not used again.
- Collection and preparation of relevant evidence to support your case in court.
- Representation in court by experienced legal professionals who understand the intricacies of motoring law and how to avoid a driving ban.
A totting-up ban does not have to be an inevitable consequence. We are here to help you build a strong legal argument in your defence to achieve a positive outcome following court proceedings.
Final Thoughts
Understanding exceptional hardship totting and how to argue your case in court can be complex. Only certain circumstances qualify as exceptional hardship, but #1 Motoring Solicitors is here to help you examine all the evidence and determine the best route forward for your case. If you find yourself facing a possible driving ban, contact #1 Motoring Solicitors today.