If a driver accumulates 12 penalty points in a three year period, then the Court must impose an immediate ban for 6 months, or in some circumstances longer. However, the Court will give a defendant the opportunity to raise exceptional hardship in order to persuade them that a ban should not be imposed.
The exceptional hardship must be something which is beyond that which would normally be suffered by somebody simply being deprived of their licence. There is no definition of exceptional hardship. A Court will reach its own conclusion, based on the information submitted, what is deemed as exceptional hardship. It must be something that is more than reasonably foreseeable and in most cases evidence must be brought to Court in order to persuade the Magistrates to find in your favour.
Simple facts, such as the loss of your licence would mean that you are no longer able to continue your job is not automatically exceptional hardship. However, losing your licence may have implications which affect others. It may also be imperative that you have your licence to assist a vulnerable person with transport that they otherwise would not have.
Our expert lawyers will take your full and detailed instructions and advise you accordingly in relation to what evidence you need to bring to Court. Every case is different and it is therefore important that you have specialist legal advice in order to properly prepare and present your defence.
Why choose us?
At Darton Law, our specialist team of Solicitors has experience in representing individuals accused of a variety of matters. We provide a professional and efficient service which will leave you confident that you are receiving the best advice and representation.
We know that being accused of an offence is not an everyday event. We aim to provide easy to understand information and advice so you know where you stand and what options you have available throughout the process.
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