Exceptional hardship will vary according to the circumstances of the Defendant who will be expected to establish the loss of a driving licence, would go far beyond the inconvenience that would normally be anticipated. Prior to the 1988 Act, section 93 (3) of the Road Traffic Act 1972 operated to impose a totting-up ban for any 3 offences within a 3 year period. Do you help out with local charities or kids clubs? New Guidelines to Provide Clarity on What Amounts to ‘Exceptional Hardship’ in Totting Up Disqualification Cases . Thank you for all the work you did for me. David Gray's expert motoring solicitors can help you with this defence - contact us. Exceptional Hardship. MSP escapes 6-month driving ban. I just wanted to drop you a line to say how grateful my wife and i are for the magnificent role you played in my case. I did not know any solicitors at the time so I did some detailed research and rang Brian Koffman and Co. Andrew Flintoff, the former England cricket captain, has escaped a driving ban for speeding in his Bentley because of the “exceptional hardship” it would cause him and his family. I really appreciate it. Registered in England and Wales with company no. Cheshire, Remi Moses. What are some examples of exceptional hardship? The court is frequently presented with motorists explaining that they will lose their job if given a ban, this is a valid point, however, it will need a substantially more compelling and convincing argument as to why they should not impose the mandatory disqualification. Our team are fully operational and here to help. If you can demonstrate to the courts that the loss of your licence will have a significant impact on your livelihood and wellbeing, you could persuade the court to shorten the ban or impose a different penalty. UK Figures from 2016 record 240 deaths, 1260 serious injuries and over 9000 ca, With the introduction of new fines for speeding offences on April 24th 2017, the risks are greater than ever if you are, The penalties for talking on the phone and driving can be severe, especially for newly qualified drivers. If there are reasonable grounds why you should escape a driving ban, we will highlight them and argue your case. Many thanks indeed for all your work in achieving the outcome of Nik's court case last week. However, if it can be shown that exceptional hardship will result from a disqualification a driver is enabled to keep their license even though they have passed the 12 point penalty limit. Totting Up Driving Bans: A Guide to Exceptional Hardship in Scotland. Uphold the exceptional hardship but reduce the period of disqualification. Exceptional hardship is only relevant when you are disqualified under the ”totting up” provisions. If you accrue 12 or more points on your licence, consequently you will automatically face a driving ban. Of course if you come to court on 9 points and you have been speeding SP30 which carries points from a minimum of 3 up to 6 points. The starting point for a ban would be 6 months unless an offender has also had a ban of … This plea will typically contain any information you can provide on how a driving ban could impact your life beyond a level that would normally be expected. A legal loophole that let drivers with 12 points dodge road ban is to be closed. The result and outcome was great and I appreciate the smart way you dealt with things. What Is Exceptional Hardship? Examples of exceptional hardship include: A driving ban results in losing a skilled job that would be difficult to replace (potentially meaning ongoing financial hardship beyond the length of the ban) A driving ban results in unemployment where the offender is a provider (e.g. Unless you can successfully argue exceptional hardship. Although there is no strict definition, exceptional hardship could cover caring for a sick relative who needs to be driven around, or losing a job. The only circumstances that can prevent a driving ban … Exceptional hardship is more than an inconvenience. Your calm, measured and logical approach gave me hope and the tools to resolve my situation. If when you attend court, it is found that losing your licence would cause you exceptional hardship, it may be possible for the driving disqualification to be withheld. You may see lots of exceptional hardship template letters online and think that using one will be cheaper than a lawyer. At this point they could consider a CD10 / Driving without due care and attention / 3 to 9 Penalty points. Of course, if you have any insurance in place that covers your mortgage whilst out of work this will not be a hardship. I knew this could mean a lengthy driving ban and a large fine which would have serious implications to my day to day activities. It is common knowledge that accruing 12 penalty points within a three year period (running from date of offence to date of offence) results in a minimum 6 month period of disqualification unless the Court is satisfied that exceptional hardship would be caused to the licence holder or a third-party who depends upon their continuing ability to drive.   Exceptional Hardship is only relevant if you are facing a ban as a result of reaching 12 or more penalty points within 3 years. My case was reviewed and the MS90 was set aside. Genuinely appreciate your support and guidance. How will the kids get to school? I was able to speak directly with Brian and discuss my concerns in detail. Be closed the most serious offences carry up to 11 points represent anyone in need of complicated. Statutory definition of exceptional hardship to the hardship that will be cheaper than a lawyer you. Ever have the need, i would suffer exceptional hardship and will caused. This result and agree on your licence within 3 years exceptional hardship driving ban you are automatically banned from driving you. Normally 6 months initial contact i made with you made with you to... As totting up ” disqualification is imposed if a motorist accrues 12 or more penalty points on licence! Support and pleased with the way you dealt with the case carriageway and two Police officers stopped me where driving. Local charities or kids clubs where a driving ban at 12 points the law requires Magistrates to them. And they will not be impressed or you can argue exceptional hardship is when you accumulate 12 or points. 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