When a driver accumulates twelve or more penalty points within a three year period, the court will need to consider whether they should be disqualified under the totting up provisions.
The Court guidelines state that where a driver has 12 points or more they should disqualify from driving for a minimum period of at least 6 months.
So what is exceptional hardship?
There is no legal definition for exceptional hardship, however, hardship must be beyond what would be reasonably foreseeable. The hardship must be something out of the ordinary.
The Court will need to hear the effects of a driving disqualification and the impact it will have on you, your family and your employment. The Court will not be satisfied that a mere inconvenience is sufficient to avoid a disqualification.
What are examples of exceptional hardship?
These are just some examples of exceptional hardship. The court would consider each case on its own merits and severity of hardship:
- Loss of employment, which would have an effect upon your household income and the potential loss of a family home.
- Loss of a business and the impact it could have upon any employees.
- If you are a carer for someone who is heavily dependent upon you.
In most cases before the Court, where the driver is legally represented, the Solicitor will put forward the argument for exceptional hardship on their behalf and persuade the Court why they should not disqualify.
The standard for what is considered to be exceptional hardship is set relatively high and it is therefore in any driver’s interests that the application is considered fully and legal advice is sought so that the severity and degree of hardship can be effectively presented in court.
If you are successful in an exceptional hardship argument and within three years find that you are facing another disqualification due to totting up, you will not be able to rely on the same set of facts that you relied upon on the previous occasion.
How we can help?
Here at Emery Johnson Astills we have specialist solicitors in our Criminal Defence Team who have experience at successful exceptional hardship arguments.
Emery Johnson Astills have offices in Leicester, Loughborough and Coalville.