Exceptional Hardship

There are numerous ways to accumulate points on your license, whether this is through speeding, driving under the influence, driving without insurance and so on. If you have 12 penalty points or more on your driving licence, then the only way for you to avoid at least a 6-month driving disqualification (under the ‘totting-up’ rules) is to attend court and argue “exceptional hardship”.

Exceptional hardship is a legal argument you can use to avoid a ban. But, to succeed in this type of submission, you must satisfy the court that either you or someone else would suffer exceptionally if you were to be banned from driving. The level of hardship you must establish must be exceptional (i.e. not ordinary hardship or a mere inconvenience).

Here are some questions we recommend you should ask yourself if you’re facing the loss of your licence through ‘totting up’:

• Would you lose your job if you could not drive? Could you find temporary or alternative work?
• Could you take public transport or taxis to get to your job?
• Would the loss of your job have a detrimental impact on your colleagues and your company as a whole?
• Would you struggle to pay your bills if you lost your job?
• Would you lose your home if you could not afford to pay your mortgage or rent?
• How would others be affected financially if you could not drive?
• Do you care for someone who requires you to drive them?
• Do your children rely on you to do the school run?
• Are you self-employed? Would you lose work through a disqualification.

The above example questions are food-for-thought only. As each and every case presents different circumstances. So it is important to tailor your arguments to your strongest points.

If you would like further advice or representation at court if you’re about to accrue 12 points, contact Naila Hussain from Chadwick Lawrence’s Crime Team.

Read more about Chadwick Lawrence’s Road Traffic and Motoring Law services here.