‘EXCEPTIONAL HARDSHIP’ PLEA OFFERS JUSTICE TO MOTORISTS APPEALING AGAINST A ROAD BAN

As all drivers are aware, if you receive 12 points on your license, you ultimately get hit with a driving ban.

But for those who are expecting a ban following an accumulation of points on their license, the Daily Mail has recently highlighted a plea that helps drivers to avoid losing their license, if it were to cause a devastating impact on the driver’s life.

The plea offers justice for drivers, who have accumulated 12 points or more, who are able to prove that the loss of license would cause ‘exceptional hardship’ to their livelihood, family life or stop them from fulfilling unavoidable personal commitments.

If a driver’s circumstances would result in a particular form of hardship, i.e. the loss of license would cause you to lose your job, this is where an appeal to the ban may be considered. 

‘Exceptional hardship’ can relate to a number of circumstances, including covering the care of a sick relative, of which not being able to drive would greatly affect your ability to fulfil this duty.

Other issues that could result in exceptional hardship for someone who loses their license include:

• an inability to secure work due to their location, away from efficient transport links
• and a loss of employment for third parties impacted by a business owner having to close their place of work following a driving ban

Although the Daily Mail had reported that the plea had been exposed, and therefore closed, this information is, in fact, not true.

On a case by case basis, this plea is still accepted in court and, when proven, can provide justice to the driver whose life would be greatly impacted from a road ban.

As part of the plea, a driver will need to provide sufficient evidence, in court on oath, to show that exceptional hardship would be their reality if the ban was to lead to disqualification.

A driver who is successful in this plea will be able to keep hold of their license, to ensure they can maintain their duties or job role.

For solicitors working on behalf of a client who is facing a potential road ban, the careful preparation and skilled presentation of the exceptional hardship plea are now more important than ever. 

This is to ensure that justice is served for those whose lives would be greatly affected by a loss of license.

If you are in the position of facing a driving ban and would like to speak to a specialist motoring offences solicitor, the team at Regan Peggs Solicitors will be more than happy to help you to avoid or appeal any sanction you may be facing.

Be sure to read the team’s latest motoring offences guide, here, to ensure you’re up to scratch with all the driving offences and associated penalties that you could be hit with, or feel free to contact us by phone on 0121 201 3765 or send us an email at info@reganpeggs.com to discuss your situation.