Exceptional hardship can usually be argued on the grounds of either emotional hardship or financial hardship. In order to successfully argue a case of exceptional hardship you will need to put forward a compelling and convincing argument that proves a ban would cause you more difficulties than would normally be suffered by other motorists in your position. For example it is not usually enough to argue that losing your driving licence would cause an inconvenience to you or lead to the loss of your job.
If you have accrued 12 or more penalty points for driving offences then you automatically face a six month driving ban under totting up rules. Understandably this could have a detrimental impact on your employment, finances and family. However, under an argument of exceptional hardship you may be able to avoid a disqualification.
It is important to note that whilst the court might not disqualify you, your licence will still be endorsed with penalty points which will remain live for three years, for the purposes of future court proceedings. This means that if you face disqualification again within three years, you may not be able to put forward the same argument to avoid disqualification again.
Arguing exceptional hardship is not easy, and seeking legal advice is often recommended as not only does a lot of preparation need to be done to put forward a satisfactory argument, but it also needs to be presented well to the court. At Rotheras we have a wealth of experience in preparing and putting forward successful exceptional hardship arguments for our clients, ensuring that they can keep their licence.
We have a site dedicated solely to Motoring Offences whilst still using the same expert Transport solicitors, so if you’re looking for more information about types of offences, our team, where we operate or case studies from some of our previous clients, then head over to KeepMeOnTheRoad. If you feel you’ve read enough and want to speak to one of the country’s leading transport Law teams, give us a call now on 0115 910 0600.
We will help you in gathering materials to support your argument and assess all relevant information relating to your personal and professional circumstances to put before the court.
We will use our previous experience to collate the necessary documentation and evidence to improve your chances of achieving a positive outcome.
You will be assigned a member of the motoring team who specialises in exceptional hardship arguments and will guide you through the process from start to finish.
We regularly appear at Magistrates’ Courts throughout the UK to present exceptional hardship arguments.
We can offer face to face meetings at our office in Nottingham and represent clients across the UK.
We will work closely with you to ascertain your personal circumstances so we can provide a tailored service and legal advice that is specific to you.
“Our experienced and specialist team represent clients nationally on a day-to-day basis”
Head of Transport Law
Posted January 27, 2020
This was my first experience using a solicitor, something I felt quite daunted about. Rothera Sharp (Greg and Petra) put me at ease and were very helpful.
Posted January 27, 2020
Last year I experienced a car accident, as a front seat passenger. I put forward a personal injury claim with Rothera Sharp. From start to finish, my claim has been dealt with efficiently and professionally, and I have always felt my best interests were considered. All communications were made via letter or email to inform me of all further updates. My claim has now come to an end and I am very happy with the overall outcome. I would recommend Rothera Sharp for their service.
Posted February 4, 2020
We cannot recommend Chris Powell of Rothera Sharp more highly. Mr Powell demonstrated the upmost professionalism with a high level of knowledge of the area for which he was representing us. Anyone needing representation/advice regarding the area of haulage will find that Chris Powell and Rothera Sharp are the best choice.
Posted February 4, 2020
Claim dealt with efficiently and to a satisfactory conclusion. Wayne Vickers visited me at home initially and explained everything thoroughly. Professional service throughout. Recommended
Anton Balkitis leads the transport law team and is a nationally recognised road transport lawyer and motoring law specialist at Nottingham-based law firm Rotheras Solicitors.
Olivia Maginn is a transport and motoring law specialist at Nottingham based law firm Rotheras Solicitors.
Chris Powell specialises in road transport law and motoring defence. He advises and represents haulage and PSV operator licence holders and drivers on all road transport regulatory matters.
Hardeep Chumber is a paralegal in Rotheras Motoring and Transport department and is based at our Lace Market office.
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