Exceptional Hardship: Legal Arguments to Avoid a Driving Ban

Under UK law's totting-up system, exceeding a specific number of points within three years is classified as a significant motoring offence. As with any other offence, there exist strategies to plead and present arguments in defence, and one such argument against a totting-up ban is based on the concept of exceptional hardship.

Exceptional hardship is a complex area of law that requires the expertise of a motoring defence lawyer to put together a legal argument that can be used to avoid or reduce a driving ban. The argument is based on the premise that the disqualification would cause exceptional hardship to those that rely on you and whether a ban would amount to ‘hardship which is beyond that normally suffered’.

To successfully argue exceptional hardship, you must provide evidence that the disqualification would cause more than just inconvenience or financial loss to dependents, such as family members or employees. The court will consider factors such as the driver's circumstances and responsibilities when deciding whether exceptional hardship is relevant.

Understanding Exceptional Hardship

To make a successful exceptional hardship argument, the driver must provide evidence to the court that the loss of their licence would cause more than just inconvenience or financial hardship. They must show that the consequences of the ban would be severe and that others would suffer a significant detriment as a result.

Examples of situations that may be considered exceptional hardship include:

• Not having access to your car means that you will struggle to care for vulnerable or elderly family members or friends.
• You are a carer and rely on using your car to access the hospital.
• A driving ban would cause your employees or your dependents to lose their jobs.
• You are active in your community, and not driving would prevent you from providing essential community services.
• Not driving would pose damage to your health.

It is important to note that exceptional hardship arguments are not guaranteed to be successful, and each case is assessed on its own merits. The court will consider all the evidence presented and decide based on the specific circumstances of the case.

Legal Framework

The legal framework for exceptional hardship arguments is set out in Section 35 of the Road Traffic Offenders Act 1988. This provision allows a court to consider any exceptional hardship that would be caused to the defendant or others if a driving ban were to be imposed.

The burden of proof is on you as the defendant to show that exceptional hardship would be caused by a driving ban. The court will consider all the circumstances of the case, including the nature of the offence, your circumstances, and the impact that a driving ban would have on you and others.

It is important to note that exceptional hardship must not be confused with special reasons arguments. Special reasons relate to the circumstances of the offence itself, whereas exceptional hardship relates to the consequences of any subsequent driving ban. The court will not consider special reasons in an exceptional hardship argument.

If the court is satisfied that exceptional hardship would be caused, it has three options:

• It can choose not to impose a driving ban at all.
• It can impose a driving ban for a shorter period than the minimum six months.
• It can impose a driving ban for the full minimum period of six m onths.

It is worth noting that the court will not take into account any hardship that is merely inconvenient or uncomfortable. The hardship must be exceptional and go beyond what would normally be expected in a driving ban case.

Potential Challenges and Counterarguments

When presenting an exceptional hardship argument, there are several potential challenges and counterarguments that the defendant may face. With careful preparation, it is possible to convince the court to avoid a driving ban and it is important to anticipate these challenges and prepare a strong counterargument to address them.

• Evidence: One of the most common challenges to an exceptional hardship argument is a lack of evidence. The court may require the defendant to provide evidence of the hardship they will face if they are disqualified from driving. This could include evidence of financial hardship, such as the loss of a job or business, or evidence of personal hardship, such as the inability to care for a dependent. You should therefore gather as much evidence as possible to support your exceptional hardship argument. This could include witness statements, financial documents, medical reports, and other relevant evidence. You should also be prepared to explain how the hardship you will face is exceptional and goes beyond the normal consequences of a driving ban.
• Transport: The court may argue that you could use alternative means of transport, such as public transport or taxis, to avoid the hardship suggested. The court may also argue that you could arrange for someone else to drive you if necessary. In these instances, you should explain why using alternative means of transport is not a viable option. This could include a lack of public transport in your area, the cost of taxis or private hire vehicles, or the fact that you must drive for work or to care for a dependent. You must be prepared to explain why arranging for someone else to drive you is not a practical solution.
• Bans: If you have a history of driving offences, the court may be less sympathetic to your exceptional hardship argument. The court may argue that you should have been more careful in avoiding the accumulation of penalty points, possibly not for the first time.

It is necessary to explain why previous driving offences are not relevant to your exceptional hardship argument. This could include evidence that previous driving offences were minor or that you have taken steps to improve your driving since then. Again, you should also emphasise the exceptional nature of the hardship they will face if they are disqualified from driving.

The Importance of Professional Support

It is important to note that exceptional hardship is not a loophole or a way to avoid the consequences of dangerous driving and should not be taken lightly. It is only applicable in cases where a driving ban would cause exceptional hardship to the individual or their dependents.

Exceptional hardship is a complex and nuanced area of law that requires careful consideration of the individual circumstances of each case. While it is possible to make an exceptional hardship argument without legal representation, it is highly recommended to seek the advice of a specialist motoring solicitor to help build a strong case that presents a stronger opportunity for acceptance by the court.

Overall, exceptional hardship is a valuable tool for those facing a driving ban, but it is important to seek legal advice and build a strong argument based on the individual circumstances of each case.

Noble Solicitors possess extensive expertise in assisting clients with the preparation and presentation of exceptional hardship cases. With a deep understanding of the legal system, we offer comprehensive support and guidance to individuals facing potential driving bans due to the totting up of penalty points. Our team of skilled solicitors works closely with clients to gather compelling evidence and construct persuasive arguments that highlight the exceptional circumstances and hardships that would arise from a driving disqualification. We are dedicated to leveraging our knowledge and experience to help clients navigate this complex process and achieve the best possible outcomes.

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