What is exceptional hardship?

Exceptional hardship is when a totting up ban would cause suffering beyond what is considered reasonable.

For most people, a driving ban is a nuisance. You might have to take the bus to work, or someone else might have to pick the children up from school. But this does not amount to exceptional hardship.

Exceptional hardship is more than an inconvenience. It is when you, or innocent parties, would suffer as a result of your driving ban. Innocent parties might include your family, your employees or members of the community.

If you can show that exceptional hardship would arise because of a totting up ban. The court may be persuaded to reduce the length of the disqualification, furthermore or to let you keep your licence.

It is only possible to use an exceptional hardship mitigation once in every three year period but you cannot reuse the reason for the hardship.

Can I argue exceptional hardship?

If you accrue 12 or more points on your licence, consequently you will automatically face a driving ban. Unless you can successfully argue exceptional hardship. You can present your case at the Magistrate’s Court, or you can ask a defence lawyer to represent you.

To find out if you can argue exceptional hardship, speak to a motoring defence lawyer from our team. We can advise whether exceptional hardship is applicable to your case. For instance, it could be argued that a totting up ban would –

  • Prevent you from caring for vulnerable or elderly members of your family
  • Cause your employees to lose their jobs
  • Prevent you from providing services to the community or charity
  • Damage your own health

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