Exceptional Hardship
A totting-up driving ban can, in certain circ*mstances be avoided by raising an ‘Exceptional Hardship Arguemnt’.
For your personal circ*mstances to qualify under this, the difficulties a long 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 circ*mstances.
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 circ*mstances.
If this application is made, the Court will consider the effects of a disqualification on other people. These third parties areeffectively innocentof 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.
Representation at Court
If you would like to appoint us to advise and represent you at Court, please call us on 0345 222 9955 or complete our Contact Form for an initial assessment with a member of our legal team.
