Exceptional Hardship
Do you face a disqualification but losing your licence would result in extreme hardship to yourself and/or others? We may be able to help you keep your licence.
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What is it?
This is an application made to the court not to disqualify a person from driving. If a person reaches 12 points on their licence they will be disqualified for a minimum of 6 months or longer if they have more than one previous disqualification in the last 3 years. This is known as totting up.
This argument can only be used once every 3 years using the same reasons. It may be that you have a different argument to put forward to the court. Please contact us to discuss this.
What kind of circumstances amount to exceptional hardship?
You will have to show that as a result of losing your licence you will face exceptional hardship. This isn’t just normal hardship, which nearly everyone would encounter if they lost their licence – it has to go beyond that.
Just the loss of your job is unlikely to be acceptable but if the consequences of losing your licence go beyond that your case may be successful. Examples are:
- Loss of accommodation
- Impact on family especially those with ill health/disabled/children
- Impact on those who benefit from your employment including the business itself, colleagues, employees
- Business failure
What is the process?
An application will be made to court and the court will set aside time to hear your case. Your case will need to be fully prepared considering all your circumstances and obtaining any additional evidence to be put to the court.
It is for you to prove to the court that you have exceptional hardship. This will involve you giving evidence under oath to the magistrates and you may also be cross examined by the prosecutor and asked questions by the legal advisor and the magistrates.
It will also involve providing the court with any further documentary evidence and allowing any witnesses to give evidence.
Please contact us to discuss your case so that we can determine whether you have an argument. We can then help to fully prepare your case.
We're always here to help you
If you are contacted by the police or receive a summons for court we may be able to help you. It is quick and simple to make an appointment, just contact us by email or phone. We can see you in the office or speak to you on the phone.
We are available 24 hours a day providing a professional service with direct access to a solicitor. If you need help to keep your licence please contact us.
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