Motoring Law – Exceptional Hardship Applications
Our team of experienced driving offence solicitors are skilled and experienced in successfully putting forward exceptional hardship applications, helping our clients to avoid driving bans. If you are facing any type of driving offence, our team are here to help defend you and your license in court.
In order to give yourself the best possible change of avoiding driving disqualification, we advise you contact us as early as possible in your case.
Exceptional Hardship Arguement
If the number of points on your license exceeds 12, you are likely to face a driving disqualification of at least 6 motnhs. This amount of time without the ability to drive can cause difficulties to some individuals, and as such the Criminal Justice System allows for Exceptional Hardship Arguments to be made. If the arguement is sucessful, you can avoid the mandatory 6-month driving disqualification.
Our solicitiors have sucessfully presented exceptional hardship arguements to the Magistrates’ Courts, and are available to represent you and prepare your case.
It is important to note that anyone facing a driving disqualification is likely to face difficulty completing day-to-day tasks. This can include driving to and from work, leisure activities or taking children to school. However, the Court is prohibited from considering any arguement other than ‘exceptional hardship’.
In order for your personal circumstances to be considered exceptional hardship, the driving disqualification would have to cause difficulties that would exceed those normally suffered by people facing driving bans.
To have a sucessful exceptional hardship arguement, the defendant has to convince the Court that that the mandatory driving ban of 6 months would cause hardship that is exceptional. Each case is vastly different and largely depends on the defendants personal situation. By appointing experienced solicitors to prepare your case, you have the best possible chances of being sucessful in your arguement.
What are your options?
If you have exceeded 11 points on your license, you have only two options available to you. You can proceed with an application to the Magistrates’ Court for Exceptional Hardship, or you will automatically receive a driving ban of at least 6 months.
Even if your arguement is unsucessful, there is no disadvantage and no additional penalty for putting forward an exceptional hardship application. We therefore advise that you do put forward an application if you find yourself in this situation.
GQS Solicitors can offer initial advice to our clients and representation in court if required. We advise that you get in touch with us as early as possible in your case to asses the grounds of your application.