Losing your licence? You could use the exceptional hardship argument

Losing your driving licence can have a significant impact on your life, particularly if you rely on driving for your job, children or the care of others.

If you are facing disqualification for exceeding the 12-point limit, you can argue that the financial hardship this would cause to you and others outweighs the offence, and you should therefore be permitted to continue driving.

This is called the “exceptional hardship” plea which can be presented to the court to avoid losing your licence.

The argument centres on demonstrating to the court that losing your driving licence would cause you, or others who depend on you, exceptional financial difficulty.

This is not simply about inconvenience – the hardship must be severe and far-reaching.

The Court will typically consider the following as mitigating factors:

• Impact on employment: If driving is essential for your job, losing your licence could result in job loss or significant income reduction. Examples include professional drivers, sales representatives, or those in roles requiring regular travel.
• Business consequences: For self-employed individuals or business owners, the inability to drive might hinder business operations, leading to financial instability. Demonstrating how your business would suffer can strengthen your argument.
• Dependents’ welfare: If others rely on you for transportation, such as children, elderly parents, or disabled family members, the court may consider the broader implications of your licence loss on their well-being.

Again, the argument cannot be used effectively if a driving ban is simply an inconvenience or goes against your plans.

You’ll also need to prove that the ban would have significant effect and provide enough evidence to support your assertion.

Preparing and presenting your case

To make a compelling exceptional hardship argument, your solicitor will do the following:

• Gather evidence: Collect documentation that supports your claims. This can include employment contracts, business records, letters from employers, and statements from dependents.
• Highlight essential needs: Clearly explain why driving is essential for your daily life and responsibilities. When you provide this information to your solicitor, avoid exaggeration – focus on genuine, verifiable impacts – as this can damage your case.

Your solicitor will help you structure your argument, present evidence effectively, and navigate the legal procedures to get you a favourable resolution.

If you have successfully used an exceptional hardship plea within the past three years, using it again becomes significantly more challenging.

The Court will scrutinise any subsequent pleas very carefully to prevent abuse of the system.

To have any chance of success, you’ll need to present new and compelling evidence of exceptional hardship, distinct from what was previously submitted.

Again, your solicitor can help you with this.

From preparing for the case, to submitting the right paperwork, we’re here to guide you through the process.

If you require guidance on a potential driving ban, please get in touch with our solicitors.