Overturn a driving ban with exceptional hardship plea
You can get points on your licence for many different reasons and, for most people, three or six points don’t mean much. But if you keep getting three points here and there you risk being disqualified from driving altogether.
04 June 2015
If you acquire 12 or more penalty points on your licence over a three-year period you can be disqualified from driving under “totting up” provisions. This usually results in a ban of at least six months.
Losing your licence for any period of time is meant to be a punishment that will put you off breaking traffic laws once back on the road again. For some people, not being able to drive could be deemed an Exceptional Hardship and they could argue that being banned from driving would have a significant detrimental effect on their life.
Of course, not being able to drive would be a hardship for anyone, but in extreme cases the Court can impose a shorter driving ban, or be persuaded to overturn the ban altogether.
What would be the Criteria for Exceptional Hardship?
A Court would look at the effect a would have on you and those around you not the effect on you as an individual. A driving ban may cause you to lose your job, which is not automatically considered exceptional, but the effect it might have on your family could be considered.
Also, an employer could state that by you losing your licence you would lose your job, and that would be detrimental to their business and other staff. If your employer could prove that this was the case then the Court could take this into consideration.
Each plea of Exceptional Hardship is unique and the Courts do not have a tick list of things that they would consider in these cases. It is up to you and your solicitor to persuade the Court that a driving ban would not be suitable for your circumstances.
Slater and Gordon Driving Offence Solicitor, Paul Reddy, says, “Exceptional Hardship applies to the individual or innocent third parties. It’s a tough argument but usually worth a shot. Proper preparation is absolutely essential, so you must always gather evidence to SHOW how and who would be affected. Do not underestimate the Court or expect any lenient treatment”.
If you are facing a driving ban due to “totting up” penalty points on your licence, and you believe that you would qualify for Exceptional Hardship, you will need the guidance of an experienced solicitor.