Driving is more than just a luxury. For many, it’s a necessity. Losing your licence can impact your life and your family’s well-being. Several dangerous driving offences can result in a driving disqualification. However, courts acknowledge that in certain cases, a driving ban would cause undue difficulties to yourself or your dependents. In such cases, an exceptional hardship argument may be used. In this blog post, we will examine what exceptional hardship means, how it can stop a totting-up ban in certain circumstances, and what you need for a successful exceptional hardship argument.
What is Exceptional Hardship
Exceptional hardship is a legal term used in the UK to mean the severe impact a driving ban would have on a driver and their dependents. If you believe you have reasonable grounds to argue exceptional hardship, you may be able to provide evidence to reduce your totting-up ban or avoid having one imposed altogether.
Why it Matters
Under UK law, driving bans last for a minimum period of six months, and are issued to motorists who accumulate, or “tot up” 12 or more penalty points within a three year period. Whilst the law promotes road safety, it can have unintended consequences for those facing a disqualification period.
This is when exceptional hardship arguments come in. Drivers who accumulate 12 or more penalty points may argue an exceptional hardship driving ban case in court to avoid the ban by proving it would cause significant difficulties beyond the normal consequences expected from a driving ban.
Legal Flexibility
The legal system gives the courts some leeway to consider the specific exceptional hardships a driving disqualification would cause. This can be losing your job or being unable to care for dependents who rely on you without your driving licence, like children or elderly family members. It is worth noting that the key is to make a strong legal argument that the hardship would be “exceptional” not just inconvenient.
Real-Life Impact
Imagine a single parent who uses their car to drop their kids at school and commute to work. In an area with public transport restrictions or no alternative means of transport, like a rural community, a driving ban could cost them their job and disrupt their kids’ education, causing a domino effect of hardship. Scenarios like these are what the courts look for when considering an exceptional hardship case.
How Exceptional Hardship Can Prevent a Driving Ban
At its simplest, an exceptional hardship defence aims to show the court that the consequences of a driving ban would be unfair. If successful this can mean a more lenient penalty, including preventing a totting-up disqualification.
Making Your Case
To prove your case, you must present evidence to demonstrate exceptional hardship in a court hearing. Examples include witness statements, letters from employers, financial documents and medical records. The aim is to show the court the hardships you and your dependents would face.
Legal Representation
Having a good solicitor can make a big difference. If you’re facing a driving ban and want to make an exceptional hardship plea, you should seek legal advice right away. Legal experts can help you through the entire process and represent you in court proceedings. They know the legal framework, and what the magistrates’ court looks for and can help you gather the necessary paperwork and witnesses to support your case.
Court’s Discretion
Ultimately, exceptional hardship cases are decided by the court. They will consider the severity of your motoring offence and the evidence presented and decide if the hardship is truly exceptional. Be honest and fully prepared in your presentation.
What’s Considered Exceptional Hardship
One of the problems with an exceptional hardship defence is there is no definitive list of what constitutes exceptional hardship. It’s case by case.
Examples of Exceptional Hardship
Whilst the law doesn’t specify exact circumstances, some scenarios work in court more often than others. These include:
- Loss of employment that can’t be replaced
- Unable to fulfil family obligations, e.g. caring for elderly or disabled relatives
- Severe financial hardship affecting dependents
Unusual Cases
In some cases, unusual or extraordinary circumstances can be considered for exceptional hardship arguments. For example, business owners for whom driving is part of their business may use the argument that a ban would kill their business and put employees’ jobs at risk.
Legal Precedents
Courts look at previous decisions to guide them. Reviewing cases involving similar driving offences and other circumstances can give you an idea of how your defence will be viewed, the type of argument you can make, and what penalties may be imposed.
Proving Exceptional Hardship
Once you’ve identified the hardships you’ll face the next step is to prove them. This means gathering plenty of evidence and presenting it well.
Documentation
Start by gathering all relevant paperwork. Pay slips, employment contracts, medical records and school reports can all be useful evidence. The more paperwork you have the stronger your case.
Witness Statements
Witnesses can be powerful evidence for your defence. Colleagues, family members and even employers can submit statements about how the driving ban would affect you and your dependents.
Professional Assistance
Consider hiring a motoring solicitor. They will guide you through the process and make sure you don’t miss anything.
How Often Can I Claim Exceptional Hardship?
Many motorists ask how often they can claim exceptional hardship. There’s no limit but there are things to consider.
Legal Rules
You can claim exceptional hardship more than once. But you can’t use the same defence within three years. This means you’ll need to present new circumstances or evidence each time.
Court’s Memory
Courts keep records of previous claims. If you try to reuse an old defence it will be rejected. So you need to show genuinely new and compelling hardships.
How #1 Motoring Solicitors Can Help
Exceptional hardship is a complex area. That’s where #1 Motoring Solicitors can really help.
Expert Advice
Our team of solicitors know motoring law inside out. We can help you identify the strongest parts of your case and present them in court.
Complete Support
From gathering evidence to coaching you for your court appearance we’ll support you every step of the way. We want to get you the best result.
Proven Results
With many successful cases under our belt #1 Motoring Solicitors are ready to offer fantastic service and help with your exceptional hardship defence. Trust us to protect your driving licence.
Conclusion
Knowing and presenting an exceptional hardship defence can be the difference between a ban and no ban. By understanding what is considered exceptional hardship, gathering evidence and seeking professional help you can present a strong case to the court.
If you’re facing a ban don’t wait until it’s too late. Contact #1 Motoring Solicitors to discuss your situation and we’ll explore your options.