Driving Ban Avoided Following Successful Exceptional Hardship Argument
John Brown was recently instructed in a case where his client had 9 points and was at real risk of a driving disqualification.
He had been caught 4 times in just over 3 months going too fast in a 50 mph temporary speed limit on a 70 mph motorway.
John was able to make a successful exceptional hardship argument on his behalf so a driving ban was avoided.
What Is An Exceptional Hardship Argument?
When a driver reaches 12 penalty points they are liable for a minimum six month driving ban under the totting up procedure.
A driver can, however, avoid this disqualification if it can be shown that exceptional hardship would result from the disqualification.
If successful, it means that a driver will be able to keep their license even though they have reached 12 penalty points.
“Exceptional Hardship” is not exhaustively defined by the law. It must be more than an inconvenience caused as a natural result of a driving ban.
Issues that could amount to exceptional hardship may include:
- Loss of a job or career which may then result in loss of accommodation
- An inability to get to any work due to geographical and public transport restrictions
- Loss of employment of third parties due to a businesses having to close
A driver will usually have to give live evidence to the court on oath to support the exceptional hardship argument.
Fixed Fee Service
John will always agree a fixed fee which may include his travel expenses to Court, but in every case the fee will be a small price to pay in order that you keep your driving license.
If you are seeking further information or advice about any of the above, please contact John on 01207654365.
Disclaimer: This briefing is for guidance purposes only. We accept no responsibility or liability whatsoever for any action taken or not taken in relation to this note and recommends that appropriate legal advice be taken having regard to a client’s own particular circumstances.