Lawyers for Exceptional Hardship Applications

If you find yourself facing the prospect of losing your driving licence because you’ve been found guilty of a motoring offence, or because you’re about to receive penalty points on your driving licence that could see you facing a ban, it’s crucial to seek expert legal advice as swiftly as possible.

The potential consequences of losing your driving licence can be severe, affecting numerous aspects of your daily life; many people rely on being able to drive in order to make a living or to provide care for others, and the consequences of losing the freedom to drive might be unthinkable. At Draycott Browne, we have an expert team of motoring defence solicitors, and if losing your licence is likely to cause exceptional hardship, contact us immediately so that we can examine the details of your case and offer you skilful counsel and guidance. Our aim is always to act in your best interests and do everything that we can to mitigate or overturn your case by building a robust defence on your behalf.

What is exceptional hardship?

If a motorist receives 12 penalty points on their licence within three years, the court is obligated to disqualify them for a minimum period of six months (this is also known as a totting up ban), unless an exceptional hardship application is made.

The court recognises that for some, this could have a severe impact on their ability to go about their daily routine, far beyond just the minor inconveniences that you might expect from receiving a driving disqualification. If this is the case, you can make an application to prove that losing your licence would cause exceptional hardship. The court can then consider the potential of any hardship that may affect you, and anyone who relies upon you.

What could qualify as exceptional hardship in driving cases?

When it comes to exceptional hardship in driving cases, there are several situations that may qualify:

• Losing your livelihood: if losing your driving license means losing your job and, as a result, you can't pay your bills or support your family, this can be considered exceptional hardship.
• Caring responsibilities: if you're the only person available to take a child or elderly family member to important hospital appointments, and public transportation isn't an option, your loss of a driving license can cause exceptional hardship for them.
• Disability: If you rely on your driving license to get around due to a disability, losing it would be exceptionally hard for you.
• The impact on your involvement in charity or community activities: if you have responsibilities or commitments that may be impacted by the loss of your licence the court may deem this exceptional.
• The impact on your colleagues or other members of staff: the court may consider the impact if you own a business, or if being disqualified would have a negative effect on other employees or colleagues at your place of work.
• Financial implications, such as potentially losing your home: if the ban is likely to cause financial issues that could result in the loss of your home, this could be considered to be exceptional hardship.

These are just a few examples; exceptional hardship can arise in various situations. If you have any concerns about the possibility of exceptional hardship in relation to a driving offence, contact one of our motoring offences solicitors as soon as possible. We can examine your case and make sure that we present all the evidence effectively to the court, giving you the strongest chance of a successful outcome.

Burden of proof

In most criminal cases, the prosecution must prove guilt beyond reasonable doubt. However, in exceptional hardship cases, the burden of proof is different. Here, it's up to the defence to prove that 'exceptional hardship' would occur, rather than the prosecution disproving it. The defence needs to show that 'exceptional hardship' is more likely than not to happen, and your case will depend on demonstrating that this hardship is very probable.

How do I demonstrate exceptional hardship?

For a court to accept your appeal of exceptional hardship, we need to show that no other measures can ease the hardship that you would face, and it's important to evidence your claim with proof. Strong evidence, like diaries or schedules, can help to demonstrate how often and where you need your driving license for essential journeys. Supporting letters from other people who would also be impacted, or who can vouch for the impact that disqualification would have on you can also help.

The Crown Prosecution Service (CPS) will have the chance to question you under oath about the circumstances of your case and potential impact. Although this can be daunting if you have never had to appear in court before, our expert legal team will ensure that you are well briefed and fully understand the case and what is required of you. We'll present your legal argument in court on your behalf; a clear and evidence-backed argument is vital to ensuring success, and preparation is key. Quite often, if the argument demonstrating exceptional hardship is strong enough, the prosecutor might not have any questions for you.

 Seeking legal advice at the earliest opportunity gives you the best chance to mitigate any potential consequences effectively.

Our expertise

At Draycott Browne, our team specialises in this complex area of law. We're skilled at presenting exceptional hardship arguments in courts across the UK, and we can help determine if you have valid grounds to argue that losing your driving license would cause exceptional hardship, either to you or those around you.

Our expert team of motoring defence solicitors is here to guide you through the legal process. We'll assess the chances of your case succeeding from the start. With our guidance, you can trust us to handle any issues or complexities, giving you peace of mind when you need it most.

Our established and experienced team are here to serve you in this challenging time, having helped many other people accused of motoring offences over the last two decades. We are committed to fighting your corner to ensure that the best outcome can be reached, ensuring that we limit the impact on your livelihood as far as we possibly can.

Contact our Exceptional Hardship Solicitors

Draycott Browne’s driving offence specialists are part of our team of criminal defence solicitors based in Manchester, but we represent clients from all across the UK. We have a formidable reputational in the legal world and are highly respected for our tenacious defence strategies and our ability to deliver results. We aim to minimise your stress by ensuring that you are kept fully informed at every stage of the legal process and easing the burden on you as far as possible at what we know can be a very stressful time.

We are committed to achieving the best available outcomes for our clients, and we take great pride in our dedication and professionalism. When there is so much at stake following a driving disqualification, getting the right advice is key – contact Draycott Browne solicitors today for an initial consultation.