Accumulating 12 penalty points on your licence within three years can result in a totting-up ban, disqualifying you from driving. Depending on your disqualification history, this ban can last six months or longer.
Needless to say, a driving ban can cause inconvenience in your daily life. However, if the impact is particularly severe, you may be able to make an ‘exceptional hardship’ plea and avoid the ban. In this article, we’ll outline exactly what ‘exceptional hardship’ is, provide examples, and share how to present your argument effectively.
If you are concerned about receiving a ban and require immediate assistance, contact Parnell and Peel today. We’re proud to say we’ve assisted 95% of our clients in avoiding or mitigating driving bans, and we will aim to achieve the same success for you.
Whether you intend to plead guilty or not guilty, our dedicated lawyers will provide you with the best advice and defence.
With a success rate of at least 87%, you could not be in safer hands.
Please call us on 033 03411690 or make a Free Online Enquiry for immediate assistance. All enquiries are completely confidential.
“I was put through to Abdul from a friend who had used his services previously. I was stopped for Drink Drive and I was adamant that I was not guilty. The thought of losing my licence was terrifying and I contacted many firms who advised to simply plead guilty. Immediately having spoken to Abdul I was confident that he was fighting for me. After a long year, Abdul and his team made an application to Court and 1 day before the Trial the Prosecution offered no Evidence. Really grateful for the unbelievable outcome.”
What is ‘Exceptional Hardship’?
Exceptional hardship is a legal argument cited in Section 35 of the Road Traffic Offenders Act 1988 that can help you avoid a driving disqualification. It allows you to demonstrate how a driving ban would cause significant inconvenience or suffering to yourself or others beyond what is ordinarily expected.
Naturally, the courts expect the motorist to endure hardship and disruption due to their actions. However, if you can convince the courts that the impact of a disqualification is particularly ‘exceptional,’ they may allow you to retain your licence or reduce the length of the ban.
Sound simple? Unfortunately, it’s not as straightforward as it may seem. There are no official guidelines on what qualifies as exceptional hardship, and each case is assessed on its own merits. The process can be complex, often requiring substantial evidence and careful presentation – something best handled with the support of an experienced motoring defence lawyer.
Exceptional Hardship Driving Ban Examples
Although there is no official legislation on what constitutes an ‘exceptional hardship’, the courts tend to focus on how the disqualification will adversely affect others. For instance, the loss of employment alone is generally not considered exceptional hardship. However, it may be viewed as such if it leads to more severe consequences for your family, employees, or dependents.
Below are some examples where an exceptional hardship argument has been successful:
- Your driving ban results in job loss, leaving you unable to meet mortgage payments and potentially leading to losing your family home.
- You are the sole provider for your family, and a ban would result in losing your job, leaving your dependents in financial jeopardy.
- You are a key worker, community leader, or charity volunteer, and a driving ban would prevent you from delivering essential services to individuals who rely on your support.
- You are a carer and rely on driving to assist dependents and transport them to essential medical appointments. A driving ban would hinder your ability to fulfil these responsibilities.
- You have a disability and are unable to get around without your adapted car, meaning your quality of life would be significantly impacted by a ban.
- You live in a remote area with no public transport and are the only driver in the household. A ban would make access to essential services such as shops and medical appointments difficult or impossible without a vehicle.
How Do I Argue Exceptional Hardship?
A successful exceptional hardship argument requires careful consideration, solid evidence, and good preparation to emphasise a disqualification's ‘exceptional’ impact. Given the complexity of the process, it’s highly recommended that you seek assistance from an experienced motoring offence lawyer.
At Parnell and Peel, our skilled solicitors are well-versed in the intricacies of motoring law and are dedicated to securing the best possible outcomes. We have assisted 95% of our clients in avoiding or mitigating driving bans. We will work with you to understand your circumstances, help you gather strong supporting evidence and build a persuasive case that stands the best chance of being accepted by the courts.
Speak with a Motoring Offence Specialist About Exceptional Hardship Today.
If you believe exceptional hardship may apply to your case, discuss your circumstances with the experts at Parnell and Peel.
Simply call us now on 033 03411690 or make a Free Online Enquiry and let us take the strain from hereon in.
Rest assured, all enquiries are entirely confidential, and there is no obligation to proceed with our services.
To learn more about our exceptional track record of assisting clients, please view our client testimonials and case studies. We are committed to replicating this success and achieving the best possible outcome for your case.
Why Parnell and Peel Solicitors?
At Parnell and Peel Solicitors, we understand how daunting it is to face a drink driving charge. Going to court is not something most people are used to. Along with this anxiety, there is the worry that your driving record will be tainted with a drink driving conviction or that you could lose your licence. Undoubtedly, this will significantly impact your life and may even result in you losing your job.
If you have recently been charged with a drink driving offence, our solicitors are here to help you. We will use our decades of knowledge and expertise to get the best possible outcome in your case. You might think pleading guilty is your only option, believing there’s no way to avoid a conviction. However, we have the skills to challenge and win seemingly open and shut cases.
Our Results
Our skilled solicitors are experienced in handling motoring complex offences and have an excellent track record. We have successfully defended 87% of the drink driving cases we've handled, with some cases exceeding even this strong success rate, as highlighted below:
Even if you think there is no chance of winning, we know what tactics to use to your advantage.
We've often achieved results far better than our clients anticipated.
We do this because we understand just how important your driving licence is, for you, for your job, career or business, and for your family and friends.
We will do all that we can to help you keep your licence, so please do not delay, call us now on 033 03411690 or make a Free Online Enquiry and let us take the strain from hereon in.
“I am so grateful to Abdul and his incredible team — Mukesh and Kimberley.
It felt like my world was falling apart — facing the very real and terrifying consequences of a potential conviction and the real and costly impact it could have. Until you’re in that situation, you can’t fully understand… but when it happens, the actual reality of it becomes all too clear.
From the very first conversation with Abdul, I just knew — this man will help me. His calm, confident manner immediately reassured me that things weren’t as hopeless as they seemed.
Abdul is truly at the top of his game. He and his teams support throughout the entire process, and it’s a journey for sure, combined with his expertise and empathy, gave me the reassurance I needed.
There is light at the end of the tunnel — you are in truly safe hands.
Thank you so much, Abdul.”
“Thank you to Parneel & Peel for their excellent legal representation. Abdul, from the start, advised and supported me, and the case was won. Also, special appreciation to Barrister Makesh for his legal representation! I highly recommend Parneel & Peel – they are experts!”
