Exceptional Hardship – after obtaining 12 penalty points in any 3 year period, a driver would generally be likely to receive an immediate driving ban of 6 months or more for a first time totting up disqualification. In order to decide whether a ban will be imposed, the Court will give the Defendant the opportunity to raise an exceptional hardship argument. if you have received 12 penalty points and need advice about whether you can claim exceptional hardship contact our expert team on 0800 046 3066
A finding of exceptional hardship would be the only way to prevent a driving ban at 12 points. In terms of satisfying the criteria for exceptional hardship, the hardship must be more than would normally be suffered by depriving the Defendant of his licence.
The defendant must present their case to the Court and then the Court will assess the situation and decide whether the hardship amounts to “hardship which is beyond that normally suffered”.
The hardship must be out of the ordinary and not normally foreseeable as a reasonable consequence of the offence committed. The Defendant must have evidence to prove the severity of the situation.
In terms of losing a job due to the driving ban this will not automatically amount to exceptional hardship. Nevertheless, if the implications from the loss of employment are great enough or they affect others, then there may be a case for exceptional hardship.
Each case can be interpreted differently and so it is essential to seek legal advice before preparing any submission.
To find out more about exceptional hardship and to give you the best possible chance of avoiding a totting up ban please contact our specialist motoring solicitors on 0800 046 3066