A driving ban can have severe consequences on an individual's life, especially when it results in job loss, an inability to care for family members, or restricted mobility due to health issues. Understanding the intricacies of exceptional hardship through driving ban examples can help you navigate these challenging circumstances and potentially avoid or reduce the impact of a driving disqualification. 

So, what are exceptional hardship driving ban examples and how can they be used in court? In this blog post, we explore the legal framework, types of arguments, and real-life cases.

Short Summary

• Understand the concept of exceptional hardship and its legal framework.
• Gather evidence to demonstrate how a driving ban will have an impact on dependents, employment, health & mobility issues.
• Engage professional advice for successful application and consider appeal or removal options if unsuccessful.

Understanding Exceptional Hardship

Exceptional hardship is a legal argument used to attempt to avoid or reduce a driving disqualification due to accumulating penalty points, which may result in external suffering for any dependents of the driver. The primary concern of exceptional hardship applications is to assess the impact of a potential driving ban of at least six months on those who rely on the applicant and their driving licence.

Drivers facing a disqualification may argue exceptional hardship in court, but they must support their claims with sound evidence, testimony, and supporting evidence.

Evidence must be provided to prove an ‘exceptional hardship’ if a driving disqualification is to occur. The evidence must suggest a ‘balance of probabilities’, meaning that there should be clear signs of this exceptional hardship for the driver or those they are responsible for.

When submitting an application for exceptional hardship, it is essential to provide truthful and fair information, and be adequately prepared with supporting evidence.

Legal framework

The totting-up system, as prescribed by UK law, provides the legal basis for the exceptional hardship argument.

The act requires drivers with 12 or more penalty points to attend a court hearing and face a totting-up ban. Engaging the expertise of a qualified and professional motoring offence specialist can significantly increase the chances of successfully presenting a compelling case for avoiding a driving ban.

What is exceptional hardship on a driving licence with 12 points?

Having 12 or more penalty points on a driving licence within any three-year period can be a cause of significant disruption to an individual's life. As such, applications for exceptional hardship may be submitted in such circumstances in order to allow the court to consider whether disqualification from driving is warranted.

The court will consider the individual's circumstances and the impact that disqualification would have on them, their family and their employment. If the court is satisfied that the individual would suffer exceptional hardship, they may allow the individual to keep the licence.

Types of Exceptional Hardship Arguments

Various exceptional hardship arguments can be used in court, such as employment-related hardships, family and dependents' needs, and health and mobility issues. These arguments help demonstrate the potential negative consequences that a driving ban would have on the individual or their dependents.

It is essential to present a solid case backed by substantial evidence to ensure the court considers the argument and potentially avoids the driving ban.

Employment-related hardships

Employment-related hardships can include job loss or difficulty in meeting financial obligations. An example of an employment-related hardship argument could involve a driver's inability to fulfil work obligations due to geographical and public transport restrictions.

The court may take into consideration the potential work-related implications, especially for managers, key employees or business owners. A career that is essential for the health or safety of others may also be considered an exceptional hardship argument.

Family and dependents' needs

Family and dependents' needs may include caring for relatives or needing to transport children to school. The court may be more sympathetic to an exceptional hardship application if the applicant has dependents who rely on them for support that requires access to a car.

Families and dependents may require basic necessities such as food, shelter and healthcare, as well as emotional and financial support.

Health and mobility issues

Health and mobility issues can include physical or mental health conditions that hinder the individual's ability to operate a vehicle safely. Severe health issues that could impede mobility can be considered an exceptional hardship argument.

Such issues may have a significant impact on the individual's life, and a driving ban may exacerbate these challenges, making it crucial to present a strong case for exceptional hardship in court.

Preparing an Exceptional Hardship Case

To prepare an exceptional hardship case, it is crucial to gather evidence and seek legal advice and representation. This process ensures that the case is thoroughly prepared and presented with relevant supporting evidence, increasing the likelihood of a successful outcome.

Inadequate preparation may lead to a dismissal of the case and a ban being imposed.

Gathering evidence

The driver must provide evidence to the court to demonstrate exceptional hardship, which can be either emotional or financial in nature. Examples of evidence include proof of impact on dependents, medical records, financial documents, and other relevant personal background circumstances.

It is also beneficial to submit supporting letters from those who will be affected by the disqualification, such as one's employer, partner, or staff members, to bolster the application.

Legal advice and representation

Enlisting the assistance of a solicitor or barrister to guide you through the process of constructing an argument for exceptional hardship, preparing documents and organising evidence to support your case is vital. Legal representation from specialist motoring offence solicitors can guarantee that any claim is fully prepared and presented to the courts in a way that meets their standards.

Furthermore, engaging the expertise of a qualified and professional motoring offence specialist can significantly increase the chances of successfully presenting a compelling case for avoiding a driving ban.

Court Proceedings for Exceptional Hardship Applications

The court proceedings for exceptional hardship applications involve attending the hearing and presenting the case. It is essential for the applicant to attend the hearing, as it is their opportunity to present their case and provide evidence to support their exceptional hardship argument.

Ensuring that the case is prepared and presented professionally in court by lawyers who specialise in this area is crucial to enhance the likelihood of keeping the driving licence.

Attending the hearing

Attending the hearing is of utmost importance for an exceptional hardship application, as it is the opportunity for the applicant to present their case and provide evidence to support their exceptional hardship argument. The objective of attending the hearing for an exceptional hardship application is to present the case. Failure to attend the hearing may result in a dismissal of the case and the imposition of a driving ban.

Presenting the case

Constructing a strong case for an exceptional hardship application is of great importance, as it involves assembling a compelling argument backed by reliable evidence that the applicant's circumstances are extraordinary and that lifting the driving ban would bring about considerable external suffering to dependents. Medical records, letters from employers, and letters from family members can be employed to support the case.

Outcomes and Consequences

Understanding the potential outcomes and consequences of exceptional hardship applications is crucial for anyone facing a driving ban. If the application is successful, the driving ban will be rescinded, allowing the individual to continue driving and avoiding the negative consequences of the ban.

However, if the application is unsuccessful, the driving ban will be imposed, potentially resulting in job loss, loss of accommodation, and other severe consequences.

Successful applications

A successful exceptional hardship application can significantly impact an individual's life, as it allows them to continue driving and avoid the numerous negative consequences of a driving ban. The court may choose to reduce the disqualification period or avoid the driving ban altogether, depending on the evidence presented and the circumstances of the case.

It is important to note that the success of an exceptional hardship application is not guaranteed and depends on the strength of the argument and the evidence provided.

Unsuccessful applications

Unsuccessful exceptional hardship applications will result in the driving ban being imposed. The consequences of a driving ban can be severe, including loss of employment, livelihood and home. It could even cause redundancies if the ban adversely affects one's business.

Additionally, it may leave an individual unable to provide care for a relative or family member. In such cases, it may be possible to appeal the decision or seek an early removal of driving disqualification.

What is an Example of Exceptional Hardship?

Real-life examples of exceptional hardship cases can illustrate how the argument is used in court and the potential outcomes. For instance, a driver who has accumulated 12 penalty points and faces a ban might argue that their job requires them to drive daily, and a ban would result in loss of employment and subsequent financial hardship.

Another example could be a driver who needs to drive to provide medical care for a family member, and a ban would make it impossible for them to continue providing this care.

Understanding these real-life examples can help drivers facing a ban prepare their exceptional hardship argument and increase their chances of success.

Understanding exceptional hardship driving ban examples is crucial for anyone facing a driving disqualification due to accumulating penalty points. By familiarising yourself with the legal framework, types of exceptional hardship arguments, and real-life cases, individuals can better prepare their case and potentially avoid or reduce the impact of a driving ban. It is vital to seek legal advice and representation, gather evidence, and present a strong case in court to ensure the best possible outcome.

Do I Need a Solicitor for Exceptional Hardship?

It is advisable to seek professional legal advice if you are considering applying for exceptional hardship, as a solicitor will have the necessary expertise to help you present your case in court.