Avoid a Driving Ban – Exceptional Hardship
Serena Joshi of our Criminal and Motoring Department considers the defence of exceptional hardship when one is at risk of losing their driver’s licence.
Losing your driving licence can have serious consequences especially if your ability to work, care for family, or fulfil everyday responsibilities depends on being behind the wheel. If you accrue 12 or more penalty points on your driving licence within a three-year period, you can be disqualified from driving for 6 months.
We recognise this can cause more than an inconvenience to drivers. Our experienced Road Traffic Specialists have presented many cases of Exceptional Hardship and have achieved a high success rate in helping drivers keep their licence.
Examples of What May Qualify as Exceptional Hardship
While each case is judged on it’s own facts, the following are commonly accepted as valid grounds for exceptional hardship:
- Loss of Employment
If you rely on your licence for work purposes, especially in driving-based roles like delivery, logistics, or sales, a ban could result in loss of employment. If this, in turn, would make you unable to pay your mortgage, support dependents, or maintain a business, the court may consider this exceptional.
- Impact on Others
Courts are particularly sympathetic when a ban would harm innocent third parties, for example:
- An elderly or disabled family member relies on you for transport.
- Your children have no way to get to school without you.
- Your employees would lose their jobs if your business cannot function.
- Medical or Welfare Needs
If you or a dependent requires regular hospital visits or urgent access to healthcare, and no suitable transport alternative exists, this could also qualify.
Successful Defence
If the court accepts your exceptional hardship claim, it has the discretion to:
- Avoid imposing a ban completely, or
- Impose a shorter disqualification period than the default period of 6 months.
However, even if the ban is avoided, the penalty points still remain on your licence.
How to Argue Exceptional Hardship in Court
If you are at risk of a driving ban due to totting-up, you will need to appear at the Magistrates Court and make an exceptional hardship application.
At Charles Strachan Solicitors, our Road Traffic Specialists have successfully argued Exceptional Hardship and regularly attend Magistrates’ Courts in England and Wales to assist our clients. We have represented many clients who rely on their driving licence for their employment as well as professional drivers.
If you have received a Court Summons – what should you do?
If you are facing a potential driving ban and believe exceptional hardship applies, it is wise to seek legal advice early and prepare thoroughly. Instructing one of our Road Traffic Motoring Specialists will help you prepare your case to help you keep your driving licence.
