exceptional hardship driving ban

“Exceptional Hardship” is an argument used solely to persuade a Court against imposing a “totting up” ban due to the exceptional hardship this could cause to the offender or those reliant on the offender’s ability to drive. ID 614570. You were very honest throughout and always kept me informed from the beginning in terms of the outcome of the case. This is usually only available to those with special circumstances and where you can justify these in a submission of exceptional hardship. However the effect of the loss of employment both on the defendant and any innocent third parties can and often does amount to exceptional hardship. To find out more, speak to a motoring defence lawyer from our team. To find out if you can argue exceptional hardship, speak to a motoring defence lawyer from our team. Genuinely appreciate your support and guidance. What are some examples of exceptional hardship? If as a result of being convicted of a motoring offence which results in the number of points on your licence reaching 12 or more (often referred to as totting up) you will be eligible for a disqualification from driving of at least 6 months. Unless you can successfully argue exceptional hardship. “Exceptional Hardship” is an argument used solely to persuade a Court against imposing a “totting up” ban due to the exceptional hardship this could cause to the offender or those reliant on the offender’s ability to drive. When exceptional hardship may be used to avoid a ban. He was thoroughly professional throughout and was able to put a case forward that resulted in the Crown Prosecution Service completely dropping the charges against me. Although I will not be needing your services again, if I ever came across anyone that is in need of your services, I will be more than happy to refer them to yourself with great confidence. Exceptional Hardship is an application which is put before the Magistrates’ Court to avoid a driving ban due to accumulating 12 or more penalty points on a driving licence within a 3-year period. The bus and also groceries can now be delivered. We … I felt that I could not have been better represented and I will wholeheartedly recommend you and your services to anybody that asks for assistance in a motoring case. What are some examples of exceptional hardship? •    6 months – This is the standard duration if you have not had a previous disqualification•    1 year – If you have had a previous disqualification of at least 56 days in the last 3 years•    2 years – If you have had more than one previous disqualification of at least 56 days in the last 3 years. After hearing an exceptional hardship argument. A legal loophole that let drivers with 12 points dodge road ban is to be closed. We are often asked whether it is possible to argue Exceptional Hardship if you are charged with drink driving. Related Article: Motoring Offences The Chances Of Conviction, Ashmans Solicitors is a trading name of Ashmans Solicitors Limited. I did not know any solicitors at the time so I did some detailed research and rang Brian Koffman and Co. Exceptional hardship is a legal argument that can be submitted to the court to avoid a disqualification from driving when a driver accumulates 12 or more penalty points on their driving licences. Drink Driving at Christmas in Manchester1 My faith in true justice made easy. Your calm, measured and logical approach gave me hope and the tools to resolve my situation. I will be recommending you to people. They could be old and vulnerable and need constant looking after. As all drivers know when you reach 12 penalty points the Court will disqualify you from driving under the totting up procedure. Thank you for all the work you did for me. If you're worried totting up means a driving ban, call the Motoring Defence experts on 0800 612 4859 to see whether exceptional hardship can work for you. But this does not amount to exceptional hardship. Authorised and Regulated by the Solicitors Regulation Authority. 12 Penalty Points Driving Ban It is common knowledge that accruing 12 penalty points within a three year period (running from date of offence to date of offence) results in a minimum 6 month period of disqualification unless the Court is satisfied that exceptional hardship would be caused to the licence holder or a third-party who depends upon their continuing ability to drive. You may see lots of exceptional hardship template letters online and think that using one will be cheaper than a lawyer. Contact us on 0191 232 9547. This has saved my licence, a large fine, a huge rise in my insurance premiums and my costs. The exceptional hardships apply to the inconvenience of others and not yourself. I just wanted to drop you a line to say how grateful my wife and i are for the magnificent role you played in my case. You also reassured me on many occasions with any concerns and worries that I had. Drivers who find themselves in this position can make an application to the court to not disqualify on the grounds of ‘’exceptional hardship’’. The result and outcome was great and I appreciate the smart way you dealt with things. If you are about to reach 12 penalty points on your licence we will be able to help you try to retain your driving licence and to relieve you of disqualification. If exceptional hardship is established on the balance of probabilities then the court can refrain from disqualifying or reduce the period of … “Exceptional Hardship” and “Totting Up” 12 Penalty Points. Of course, if you have any insurance in place that covers your mortgage whilst out of work this will not be a hardship. If you have been disqualified from driving in the previous two years, you could be banned for longer. Examples include the company you work for suffering financial hardship if you were unable to perform your driving duties, and you suffering personal … It is your opportunity to explain to the court what the consequences would be if you were disqualified. You need to … My case was reviewed and the MS90 was set aside. I would like to thank Mr Koffman for his most excellent work on my most Magistrates’ Court guidelines are to impose a ban of six months’ or more under the totting-up procedure. Many thanks indeed for all your work in achieving the outcome of Nik's court case last week. These forms are generic and they will have seen many of these, they will not be impressed. In limited circumstances it may be possible for the courts not to impose a ban if this would cause ¥exceptional hardship . The Court will automatically assume that any suspension will result in hardship and will emphasise that is the purpose of a disqualification. It is recognised that everyone who is disqualified from driving will suffer some hardship and inconvenience. Courts to come down harder with bans for drivers racking up 12 or more points as thousands avoid disqualification using 'exceptional hardship' loophole Over 9,000 UK … The only circumstances that can prevent a driving ban at 12 points is a finding of exceptional hardship. You are a good lawyer and a good man, a rare combination indeed. Although there is no strict definition, exceptional hardship could cover caring for a sick relative who needs to be driven around, or losing a job. Uphold the exceptional hardship but reduce the period of disqualification. These remain on your licence for at least four years. If exceptional hardship is found then a ban may be either avoided or the ban could be significantly reduced. We can advise whether exceptional hardship is applicable to your case. For example loss of employment as a result of a driving ban will not normally be considered exceptional hardship. Exceptional hardship to the public and to others is better. Ensure that your solicitor knows every little detail. I have absolutely no doubt that I would not be driving to work today if it wasn't for your professionalism and judgement in dealing with our plight. Examples of exceptional hardship include: A driving ban results in losing a skilled job that would be difficult to replace (potentially meaning ongoing financial hardship beyond the length of the ban) A driving ban results in unemployment where the offender is a provider (e.g. Another Scottish case Colgan v McDonald 1999 SCR 901 said that this was exceptional hardship: A … You have to bear in mind that if the ban affects more than yourself the more likely you will keep your driving licence. I am enclosing a record of my travel expenses, which include an airline ticket cost, train and cab travel costs. … Of course, if you are a volunteer at any organisation or association at they rely on you this will be classed as an exceptional hardship. It is only possible to use an exceptional hardship mitigation once in every three year period but you cannot reuse the reason for the hardship. You may belong to a bowling club for example and you take 3 other members on a regular basis because they don’t have transport. However in practice this power is very rarely imposed on drivers. Exceptional hardship is a defence to help people facing a driving ban, stay on the road. Mrs. L, Dear Brian By law, if you accumulate 12 Penalty Points or more within a three-year period, you will be summonsed to appear before the Magistrates’ Court and face disqualification for a minimum period of 6 months. 12 Penalty Points Driving Ban. Everything was very smooth-running from the initial contact I made with you. Regards, Especially if you are going to lose your job because you lost your licence. I would like to take this opportunity to sincerely thank you for your professionalism and guidance in my court case at Lincoln Magistrates' Court on Monday. However, with the help of driving offence solicitors, a totting up ban can be avoided in certain circumstances.This means offenders can continue to drive despite having 12 or more active penalty points on their licence. If you receive 12 points on your licence within 3 years, you face a minimum driving ban of 6 months. If you need help and advice on these Driving Offences, Call us today on 03334 432 366. Unless you can successfully argue exceptional hardship. As shall be illustrated in chapters 2 and 3, it is competent to argue that special … Tycoon, 63, gets six month driving ban for speeding in his £114,000 Bentley despite claiming he will suffer 'hardship' after he needed SEVEN chauffeurs during a previous ban You can call us on 0333 009 6275. Evidence that loss of employment would follow from disqualification is not in itself sufficient to demonstrate exceptional hardship; whether or not it does will depend on the circumstances of the offender and the consequences of that loss of employment on the offender and/or others. Prior to the 1988 Act, section 93 (3) of the Road Traffic Act 1972 operated to impose a totting-up ban for any 3 offences within a 3 year period. It is the consequence of losing your licence that could qualify yours for exceptional hardship. Speak with your local solicitor to ensure you have a proper defence. Exceptional Hardship Driving Letter {Your Name} {Your Address} {Your Phone #} {Date} Dear {Entity}, It is with great humility that I write to plead exceptional hardship. We cannot thank you enough. Then if you are stopped and you have any defects on your car such as C30 using a vehicle with defective tyres, that would be 3 points for each tyre that isn’t deemed legal. Exceptional hardship can prevent you from facing a driving ban. If successful, the Court has the discretion not to impose a ban at all or impose a shorter disqualification. If you can demonstrate to the courts that the loss of your licence will have a significant impact on your livelihood and wellbeing, you could persuade the court to shorten the ban or impose a different penalty. In England and Wales, people who commit motor traffic offences are usually given penalty points. We specialise in this area of the law and will provide expert legal advice tailored to your situation. My sincere thanks to you for your help. A minor speeding offence carries three penalty points. Again they will not be interested that you may lose money on a holiday. the main breadwinner in a home containing a spouse and children) The offender is an employer that … The Sentencing Council has published new Magistrates' Court sentencing guidelines to prevent motorists from claiming disqualification from driving will result in 'exceptional hardship'. It was a most stressful period for me and your help, at exactly that moment, made all the difference. Actively speeding is your choice and no one else, so this would be classed as your own fault. Cornwall v Coke [1976] Crim LR 519 says “hardship to the public is a mitigating circumstance, and indeed is rather stronger mitigation than hardship to the offender” Look at family circumstances rather than just work. Dear Brian, Thank you for your help in this matter. However, if it can be shown that exceptional hardship will result from a disqualification a driver is enabled to keep their license even though they have passed the 12 point penalty limit. This was not a case of exceptional hardship in Scotland. You may even contribute financially to your pensioner parents. I really appreciate it. If you are due to appear in Court facing a totting up disqualification, we recommend you find alternative transport to attend Court rather than driving. Our experience in this area of law and in-depth knowledge of the process means we are perfectly suited to help you avoid a driving ban. You are a credit to your firm and I would highly recommend you to anybody looking for your services. Exceptional Hardship. The 1988 Act, in allowing four 3 penalty point offences before totting up comes into effect, gives a further … You and your situation are unique so ensure that you create that personal image. Even a six-month ban can have a detrimental … Thank you for successfully representing me in relation to my excess alcohol trial. In order to do this, the defendant must be able to prove that the hardship is beyond that of just depriving them of their licence. If you are the main breadwinner, or the only breadwinner this could work in your favour. When any driver reaches 12 penalty points in any 3 year period, the Court guidelines are an immediate ban of 6 months or more. Call Motoring Offence Solicitors on 0161 832 3852, The Best Privately Funded Defence for Motoring Offences & Road Traffic Law. For most people, a driving ban is a nuisance. The help I received from yourself has been exceptional and wouldn't have any issues if I require any motoring help to come to you. Tags: drink driving defences Before meeting you I went through different Lawyers enquiring, but when I read your reviews, I knew you were the right lawyer for me. Many other situations can amount to Exceptional Hardship, however, and these can relate to yourself or other people. Mr Koffman,I would like to take this opportunity in thanking you for the very efficient and professional way that you have handled my case. If you can show that exceptional hardship would arise because of a totting up ban. The court’s decision was that they did find Exceptional Hardship and that she be disqualified for a period of 7 days (in addition to the disqualification period already served) and that financial penalties be paid. If when you attend court, it is found that losing your licence would cause you exceptional hardship, it may be possible for the driving disqualification to be withheld. Firstly, thank you so much for all your help with Sam's case - it was very much appreciated and the outcome most satisfactory. The more people the loss of your driving licence effects the more likely you are able to plead exceptional hardship. Not uphold the submission of exceptional hardship argument. Of course if you come to court on 9 points and you have been speeding SP30 which carries points from a minimum of 3 up to 6 points. A disqualification of any period, if imposed due to totting up, has the effect of wiping all penalty points off the motorist’s licence. Skip to content. You can also email us on enquiries@ashmanssolicitors.com or complete our Free Online Enquiry Form and we’ll be in touch soon. Unless you can successfully argue exceptional hardship. If you accrue 12 or more points on your licence, consequently you will automatically face a driving ban. Prior to considering whether a ban should be imposed, the Court will give the Defendant the opportunity to raise an exceptional hardship argument in order to persuade the Court that a ban should not be imposed. Decide not to impose any disqualification at all and agree on your exceptional hardship plea. Through enlisting the services of a highly experienced and professional motoring offence specialist, you stand a far greater chance of putting across a strong argument for escaping a driving ban. Home; Services. I am extremely grateful as it helped make a very difficult few months a little easier to get through. Former Manchester United and England Under-21 International Footballer, Understanding new fines for speeding offences, briankoffman@motoringoffencesolicitors.co.uk. Always stick to the truth if it impacts others. If you are charged with drink driving, and plead guilty without any Special Reasons, the court will have to disqualify you for a minimum of 12 months. For example, do your elderly extended family rely on you to visit them and provide provisions. The period of the ban increases if you have been disqualified before. Some Magistrates have widely different interpretations of what amounts to this term and some require more persuasion than others. Submission of my claim for expenses for my recent court case you brilliantly handled for me at the Liverpool Crown Court. The only circumstances that can prevent a driving ban … We can advise/represent you by telephone, email, video call or face to face in essential circumstances. Generally, any hardship caused to others increases the chances of an ‘exceptional hardship’ application being accepted. Thank you for the e-mail explaining everything. at what he does and I know that the friendship,professionalism, diligence and discretion he has shown me over the years, he shows to every client. There was an outstanding amount of professionalism throughout our conversations and I felt very comfortable speaking to yourself around the issues that I was facing and I feel that it's very important that you have that relationship with your clients. driver must demonstrate that a ban from driving would have such a detrimental effect on their life, or the lives of others, that it would result in ‘exceptional hardship’. recent need to defend my case. It could result in redundancies if you are an employer and your business suffers due to a ban. Kind regards. Let Kang & Co have cover your back and help you out. You are the best Lawyer for Motoring Offences bar none! Menu. If you accumulate 12 or more points on your licence within a period of three years, then you will automatically be disqualified from driving for a period of six months (or longer if you have been disqualified before). We specialise in applications for exceptional hardship and have an impressive record of successfully arguing these cases. I have now had a couple of days to calm down after the events of Wednesday and had a little time to reflect. I was driving on the A46 dual carriageway and two police officers stopped me. We know how concerning it is to face a driving disqualification. We are available to take your call 24 hours a day, 7 days a week. As far as the Courts are concerned, there is no statutory definition of exceptional hardship. A “totting up” disqualification is imposed if a motorist accrues 12 or more points in a 3 year period. I hasten to add that I was innocent and in due course Brian handled my problem efficiently with the minimum of fuss and I was very happy with the outcome. Therefore it can be advantageous to be disqualified for a shorter period as it reduces the risk of being eligible for a totting up disqualification again in the near future. So if you are ever in such a situation as the above then yes the driving ban will be for more than the minimum period. Then impose a disqualification of the minimum period (normally 6 months, see above for guidelines). Exceptional Hardship is available to avoid a ban in cases of totting up, where you will reach or exceed 12 penalty points and are at risk of a 6 month ban. Exceptional hardship is an argument put forward to persuade the Court why a driver should not be disqualified from driving after reaching 12 penalty points. I would like to thank you again for your awesome help and all you have done to win my case. The concept of “exceptional hardship” is not exhaustively defined by the law. If you have reached 12 points within the last 3 years and face losing your licence under the totting-up procedure and wish to argue exceptional hardship, Please contact Motoring Offence Solicitors , We offer the very best privately funded legal representation to clients accused of driving offences in Manchester and across the UK. exceptional hardship proof when faced with a mandatory driving ban, as in drink-driving and dangerous driving cases. To receive our assistance with an exceptional hardship hearing, contact us today. Exceptional hardship arguments. This was a matter of huge importance to me. It has been a genuine pleasure to have met you and for you to have taken on my case. Courts are often sceptical of applications for exceptional hardship and will be extremely thorough in their approach to investigating any request not to disqualify. Decision could be old and vulnerable and need constant looking after for many people have recommended many people Brian. 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