Exceptional Hardship - Motoring Offences

Our specialist team with their trade union connections can help you prevent a totting up disqualification by arguing that it would be unjust or cause 'exceptional hardship'. Your livelihood can often be at stake if you're at risk of losing your license, and so we're prepared to fight to protect your livelihood.

Talking tactics: The exceptional hardship argument

Where there is no defence to an endorsement available, and pleading guilty puts you at risk of "totting up", we can attend court with you and where needed, argue that losing your ability to drive would cause, exceptional hardship.

If exceptional hardship is successfully argued, it is possible to continue driving, despite having 12 points on your licence.

Normally, to present an argument of exceptional hardship you must:

  • Attend Court
  • Give evidence in mitigation
  • Be prepared to answer questions from Magistrates and/or the Prosecution

If we represent you, we will put forward the evidence on your behalf, and often all you need to do is confirm that what we have said is correct and true. This latter option is preferred by many clients who aren't comfortable addressing the court.

Loss of employment and livelihood alone are not normally enough to persuade the court that exceptional hardship exists. This is because the purpose of disqualification is to punish the offender, and so isolated arguments that you will lose your livelihood/job will usually fail. Arguments need to be used in connection with the bigger picture, a specialist solicitor can help you with this.

The court also won't consider circumstances of the motoring offence that make it less serious, also known as 'mitigating circumstances'. This means that any argument that a disqualification will cause mere inconvenience is likely to fail. The court will also not consider anything which has been taken into account in the 3 years preceding the current offence.

What we can do for you

Don't simply accept, get help as soon as possible, it's worth just finding out what your options are.

If you're at risk of losing your licence, you shouldn't just roll over and accept it. You may not be aware of the potential options available to you, or whether you're able to challenge the evidence against you.

It's important to get specialist legal advice as soon as possible, in order to build your exceptional hardship case in good time.


Motoring Offence Solicitors

Defending Against a Motoring Offence โ€“ What does it cost?
Take a look at our transparent fee structure

Our solicitors offer:

  • highly competitive charge-out rates, without any compromise in the quality of our work, and
  • a range of funding arrangements including conditional or contingency fee agreements in suitable cases

Motoring offence law solicitors

Contact our motoring offences helpline on Freephone 0808 129 3320 or use our no obligation online enquiry form and we will call you back.

Get In Touch

Julie Robertson - Motoring Offences and Criminal Defence Solicitor - Manchester

Julie Robertson
Partner, Head of Motoring & Criminal Defences

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