Our expert Criminal Law Solicitor, Simon Greaves, explains all you need to know about driving bans/offences and exceptional hardship driving ban arguments.

Exceptional hardship comes into play where motorists are facing a driving ban when guilty of repeated offences that attract penalty points.

Don’t confuse situations where it makes sense to plead not guilty and go to trial with instances where a guilty plea is appropriate, especially when the facts allow for a request to avoid a ban.

For example, if a drunk driver moves their vehicle to let an ambulance pass, the driver should plead guilty. However, this action could qualify as a special reason for committing the offense, potentially preventing the addition of points to their record.

What is a Totting Up Ban?

The point to grasp here is that Totting up applies to those who are guilty and where a person has 12 or more points placed upon their license or record by the DVLA within a 3 year period.

The period of three years runs from the date of the first offence to the date in time of the last relevant offence.

It’s important to be aware of the timelines connected to any court dealings. Once you hit that magic number of 12, a ban becomes mandatory unless you can demonstrate exceptional hardship for yourself or someone else.

If you face a ban, it will last a minimum of six months. If you’ve had prior bans within the last three years, that could escalate to 12 or even 24 months.

However, there is still hope. You can submit an application to the court to retain your license by proving that a ban would lead to truly exceptional hardship.

Reasons for Exceptional Hardship Driving Bans

Everyone who is banned will experience hardship. What you have to show is that your personal circumstances are such that it would be truly exceptional to you as a person to be banned.  Some examples of this are as follows:

Example 1

“If I lose my licence, I will lose my job, say as a commercial rep or a lorry driver.”

A lot of people go on to lose their job if banned. What are the facts that make this exceptional to you? Will you lose a home? Do you have a wife/husband and children who would be affected?

Example 2

“My job involves travelling around a large geographical area. I cannot do the job without a car. The firm cannot supply me with a driver. It would be impossible to use public transport as I have early starts and late finishes.”

Example 3

“I run a small business that employs three people. I do all the ordering and client contact. If I lose my licence then the business will fold and my employees will lose their work.”

Example 4

“I have 2 elderly sick parents who live a long way away. They need me to visit them as they rely on me. I take my dad to all his doctors’ appointments as mum is not able to do it on her own”.

Example 5

“I have a grown-up child with 2 children who has separated from her husband. She is partially sighted and recently diagnosed as registered blind. I take the children to and from school and help my daughter with their care. I am from abroad and we have no other relatives who can help”.

Pleading Exceptional Hardship

You will have gathered that such a plea is made to avoid a ban when you have 12 points or more. You will have pleaded guilty. At court, the prosecution will give the magistrates an outline of the case. Your lawyer or you will outline how or why the offence occurred but this is not part of exceptional hardship as this relates to you and your circumstances.

You need to confirm in court that the claims supporting exceptional hardship are true.

Having evidence can strengthen your case. Consider getting a letter from your boss stating that you might lose your job or a medical report if you’re facing health issues.

What Happens After an Exceptional Hardship Driving Ban Hearing?

If the magistrates find against you then you are disqualified and from that moment. Please don’t drive home.

If successful your licence is endorsed with the points but DVLA or the court endorse that you are allowed to keep your licence.

Please note that you cannot use the same reasons again within a period of 3 years. You may use a different reason within 3 years if your circumstances have changed ie you pleaded loss of job but now you have someone to care for.

How Best Solicitors Can Help You with Your Driving Ban?

Saving your licence is important to us. Deciding whether or not the hardship is truly exceptional is at the heart of these cases.

All our solicitors have over 20 years experience and should be able to advise you if such a plea has some merits. These cases need to be thought about preparation, evidence and tactics. We have people who can handle all of these issues for you.

You can contact our expert team on 0114 358 3134 or send us a message via our contact page.