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. Please call 033 03411690 or make a free, confidential online enquiry to discuss your case with one of our experienced solicitors. 

 

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 033 03411690 or make a free online enquiry. 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.