Unless you can successfully argue exceptional hardship. You can present your case at the Magistrate’s Court, or you can ask a defence lawyer to represent you. To find out if you can argue exceptional hardship, speak to a motoring defence lawyer from our team.
Full Answer
May 04, 2017 · Your proof should be factual and to the point, with no emotional phrases or profuse apologies. The sentences should be short – bullet points are useful. They should also be true and accurate. Good examples of grounds for exceptional hardship include: job loss; inability to pay bills and mortgage as a result of job loss;
May 06, 2019 · After hearing an exceptional hardship argument. The Court has three options. Not uphold the submission of exceptional hardship argument. Then impose a disqualification of the minimum period (normally 6 months, see above for guidelines) Uphold the exceptional hardship but reduce the period of disqualification. Usually to less than the minimum period.
After hearing an exceptional hardship argument, the Court may deal with the case in one of three ways:-Not uphold the submission of exceptional hardship argument and impose a disqualification of the minimum period (normally 6 months) Uphold the exceptional hardship but reduce the period of disqualification to less than the minimum period;
Aug 09, 2020 · Get all your evidence together. You need documentary evidence, so discuss with your lawyer what you can gather and how to present it. Evidence of this kind can win or lose cases, so spend time on it. Documents are vital here. Don’t expect to get sympathy because you say you “…do a lot for charity…” as this can come over as smug and ...
A totting up ban is when you are automatically disqualified from driving because you have 12 or more points on your licence.
Exceptional hardship is when a totting up ban would cause suffering beyond what is considered reasonable.
If you accrue 12 or more points on your licence, consequently you will automatically face a driving ban. Unless you can successfully argue exceptional hardship. You can present your case at the Magistrate’s Court, or you can ask a defence lawyer to represent you.
Just losing your licence does not automatically qualify you for exceptional hardship. It is the consequence of losing your licence that could qualify yours for exceptional hardship. If you are the main breadwinner, or the only breadwinner this could work in your favour. Especially if you are going to lose your job because you lost your licence.
How will I get my shopping without my driving licence? The bus and also groceries can now be delivered.
You may come across these templates online, however, please do not use these. Engage the services of a motoring defence lawyer. These forms are generic and they will have seen many of these, they will not be impressed. You and your situation are unique so ensure that you create that personal image
A successful case is created through preparation and by appointing excellent legal representation. The focus of the case will need to be around you and your personal circumstances, not the driving offence.
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.
Loss of employment – if you need a car as part of your job and have financial dependents who would have their standard of living significantly reduced
Those drivers who are on 9 points and are being prosecuted for a further endorsable offence will automatically be subject to Court proceedings. Similarly if a driver is on 6 or more points and is being prosecuted for an offence which could carry 6 or more points, they are also likely to receive a postal charge.
The minimum disqualification imposed for totting up, assuming that no exceptional hardship is found by the Court will be as follows…
The Court has the power to impose more than the minimum period set out above but in practice this is rarely exercised. It may do so if it considers that the gravity of the offences for which the disqualification is being imposed warrants a longer disqualification.
After hearing an exceptional hardship argument, the Court may deal with the case in one of three ways:-
Of course, it is entirely up you as to whether you seek legal representation to defend yourself in Court. However, you should consider whether you have the skills, knowledge and experience to ensure your exceptional hardship is prepared and presented sufficiently clearly so as to persuade the Court not to disqualify you.
If you decide to plead exceptional hardship you will face questioning in court from the prosecution, especially if you’re pleading job loss as a reason to keep your licence. If you get caught like I did speeding in Thibodaux, LA , be sure to talk to Louisiana speeding ticket lawyers here and seek professional advice.
Some good examples of exceptional hardship grounds include job loss and subsequent inability to pay rent or mortgage, the inability to visit and help elderly or vulnerable relatives and the inability to do charity or community work.
Sometimes losing your job isn’t deemed serious enough to keep your licence. If you’re relatively young and in a niche field, then you’ll probably be OK. If you’re older and in a competitive sector, then being unable to drive is much more of a blow.
You need documentary evidence, so discuss with your lawyer what you can gather and how to present it. Evidence of this kind can win or lose cases, so spend time on it.
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 licence or record by the DVLA within a 3 year period.
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:
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.
If the magistrates find against you then you are disqualified and from that moment. Please don’t drive home.
Saving your licence is important to us. Deciding whether or not the hardship is truly exceptional is at the heart of these cases.