Exceptional Hardship

 

 

Where there is no speeding defence, or a defence to an endorsable offence available that puts you at risk of a totting up disqualification, we can help you by attending court and, where relevant, persuading the court that losing your driving licence will cause you exceptional hardship.

If exceptional hardship is successfully argued it is possible to remain driving even with 12 points or more penalty points recorded on your driving licence.

Loss of employment and livelihood alone are not normally enough to persuade the Magistrates of exceptional hardship. However if the loss of a job causes people such as partners, children or even an employer or employees hardship that is generally viewed by the Court as beyond the intentions of the totting up provisions.

Normally to present an argument of exceptional hardship the defendant is required to attend the Magistrates Court, give the evidence in mitigation and be prepared to answer questions put to them by the Magistrates and/or the Prosecutor who may wish to challenge the evidence you give. Often, your Pannone solicitor, as your representative, will put forward the evidence and then you are simply required to confirm what we have said on your behalf is correct. This latter option is preferred by many clients who are not comfortable in addressing the Court.

An exceptional hardship argument based on the same facts can only be used once in a three year period.

However, an allegation that an offence has been committed does not necessarily have to lead to a conviction. It still falls to the police and or the prosecution to prove the offence.

Driving licence disqualification and exceptional hardship are complex issues that require expert legal advice from a solicitor that specialises in driving licence offences in order to maximise your prospects of avoiding a totting up disqualification. If you are at risk of totting up 12 points, do not simply accept the contents of a Notice of Intended Prosecution or a summons, call our solicitors now and we will assess your driving offence and ensure the best possible outcome for you.

To arrange a discussion with a motoring offences solicitor click here or call us on 0800 840 4929.

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