What Is the Exceptional Hardship Success Rate?
When a driver receives 12 or more penalty points on their driving licence within any three-year period, the law in England and Wales requires the court to impose a driving ban. A driving disqualification that is imposed due to the number of penalty points on your driving licence is often called a totting up disqualification, and it usually applies for a minimum period of six months for a first offence.
For many people, the loss of a licence brings real consequences for work, family life and day-to-day responsibilities. If you find yourself in this position, one option may be to mount an exceptional hardship defence. Arguing exceptional hardship is a legal route that encourages the court to consider whether the impact of a ban goes well beyond what would normally follow, and there are several grounds you can use to argue your case.
If you believe you would suffer exceptional hardship due to a driving ban - beyond the difficulties any other driver would face in a similar position - you may be able to have the driving disqualification overturned. However, successfully arguing exceptional hardship requires a thorough understanding of the law, and the personal or professional circumstances that can be relied upon for this type of defence, which means working with an expert motoring solicitor. Here, the motoring offences team at JMW explains how a successful exceptional hardship argument is made, how often these arguments result in a positive outcome, and your likelihood of success if you decide to mount this type of defence.
How Successful Is the Exceptional Hardship Defence?
While there is no official data published on how many exceptional hardship applications succeed across England and Wales - because courts do not release formal statistics on hearings, outcomes or the reasons behind decisions - it is important to understand that an exceptional hardship defence is sometimes the only legal argument that can result in a driving disqualification being avoided.
Under the Road Traffic Offenders Act 1988, the Magistrates Court must impose a minimum six-month ban once a driver reaches 12 penalty points on their licence. They can only decide not to if they believe that imposing the ban would create exceptional hardship. This concept is deliberately undefined in legislation to give magistrates discretion to look at the individual facts.
This means that the notion of “exceptional hardship” is subject to interpretation by the court, which looks at whether the person would experience hardship beyond the ordinary consequences of a driving ban. This could involve their personal circumstances, such as if loved ones rely on them for transportation, or their professional life, if there is a risk that a driving ban could damage their career and income. The burden of proof is on the driver to show, on the balance of probabilities, that exceptional hardship will be caused if disqualified.
As such, the success rate of an exceptional hardship case depends on the specific circumstances and the evidence involved. If you can show that you would experience more severe consequences if you faced disqualification than someone else under normal circumstances, you may succeed. Working with an experienced driving offences solicitor can also improve your likelihood of success.
What Are Examples of an Exceptional Hardship Argument?
An argument must show hardship that is beyond the usual difficulties associated with losing a licence. Courts expect ordinary inconvenience, so an applicant must explain and prove real consequences, and often for other people as well as themselves. Some common examples of grounds that may be used to successfully avoid a totting up ban include:
- Loss of employment opportunities or the risk of losing a job.
- Dependants who rely on the driver for transport or care.
- Medical needs that cannot be met in other ways, such as needing to travel to regular medical appointments where public transport is not an option.
- A business that would realistically cease trading without the licence.
Often, more than one ground will be relied upon to demonstrate that the hardship will be ‘exceptional’ in the circumstances.
The driver must prove the position on the balance of probabilities, which means presenting relevant evidence and working with a solicitor who understands motoring law in depth. If you are able to put forward this argument successfully, there is a strong chance of having a driving ban overturned, or having it reduced to a shorter period.
If you have already received (or overturned) one previous disqualification, you cannot rely on the same grounds to avoid disqualification for the second time. Receiving more than one disqualification also means the minimum period of the totting up ban increases. As such, if you are worried about using the same argument again or otherwise defending yourself against a totting up disqualification, speak to the team at JMW for advice.
What Is the Likelihood of Success When You Argue Exceptional Hardship?
The outcome of a court hearing where you argue that a driving ban would cause exceptional hardship depends heavily on the facts and the strength of your evidence. The success of an exceptional hardship application depends heavily on the individual facts: the nature of the driver’s employment, the harm caused to any dependents, alternative transport options, the driver's financial and medical circumstances, and whether other innocent parties would suffer.
Like any motoring case that goes to court, there is a risk that the court will impose a stronger sentence if you are found guilty than would have been applied if you pled guilty. At JMW, we will always offer practical advice on your chances of success and whether you are risking a longer driving ban by challenging your conviction.
When determining whether or not to avoid a disqualification, courts look closely at:
- Who will be affected
- What evidence is available
- Whether the hardship goes beyond inconvenience
- Whether similar arguments have been used previously
A carefully presented application with strong supporting information stands a better chance, and our solicitors can apply their experience to advise you of what to expect during the process. Exceptional hardship applications often succeed, and many people do keep their licence through this route. However, every case turns on its own evidence and there is no national success rate you can use to estimate your chances of success.
The most practical step is to contact a solicitor, who can help you to understand the specific impact a ban would have and to gather clear, credible information that shows why the hardship would be out of the ordinary. Speak to JMW today to learn how we can help. Call us on 0345 872 6666 or use our online enquiry form to request a call back at your convenience.