Our driving offence lawyers are experts in road traffic offences and motoring law. We are based in Newcastle upon Tyne and South Shields, and offer representation throughout the North East. Our solicitors have many years’ experience and are best ranked in the North East.
Can I avoid a ban by showing I would suffer exceptional hardship?
If you reach 12 penalty points in any 3-year period by ‘totting up’, Court guidelines state that an immediate ban of 6 months or more should be imposed. The period of the ban increases if you have been disqualified before.
Before considering whether a ban should be imposed, the Court will give you the opportunity to raise an exceptional hardship argument in order to persuade them that a ban should not be imposed.
In order to be successful, you must prove to the Court that the hardship you would suffer is beyond that which would normally be suffered by a person being disqualified.
Examples of exceptional hardship
Loss of your job does not automatically amount to exceptional hardship, as some Courts will regard this as a reasonably foreseeable outcome of losing your licence and therefore not “exceptional”.
However, the implications that arise from the loss of employment and the effect it would have on others could amount to exceptional hardship, such as an inability to pay your mortgage as a result of losing your job or not being able to take young children to school if you are the sole driver in the family. Other examples include:
- Effect of employment on other people – if the defendant is a business owner and their driving ban would affect employees and colleagues
- Caring for others – if the defendant needs their car to care for elderly or disabled relatives
- Mortgage or financial loss – if there is a risk that the defendant could lose their home or go bankrupt because of the ban
Your case can be expertly prepared by us to ensure that it exceeds the requirements imposed by the Court, guaranteeing the best chance of forwarding a successful argument.
Contact us about exceptional hardship
This is the only opportunity you will get to avoid a disqualification from driving so contact our dedicated Customer Relationship Manager on 0191 243 8148, to arrange representation now.
Northumbria Police road traffic cases are now being dealt with centrally at Gateshead Magistrates Court – click for directions.