Criminal Funding
April 24, 2025Appeal Against Sentence
April 24, 2025Exceptional Hardship
Exceptional Hardship
Where a person accumulates 12 or more penalty points on his licence, the Court is obliged to disqualify that person from driving for a minimum period of 6 months.
The only instance where the Court has a discretion not to do so, is where it finds that “exceptional hardship” would result if that person were to be disqualified from driving. In those circumstances, the Court can exercise its discretion to disqualify for a shorter period or not to disqualify at all.
DETAILS
What amounts to Exceptional Hardship?
The test as to what amounts to “exceptional hardship” is extremely high. The hardship that is suffered is not limited to the impact upon the person convicted; rather it can be hardship that can be described as “exceptional” and which will be suffered by others.
It is not possible to give an exhaustive list as to the type of “hardship” that might be considered sufficient to meet this test.
Where we are able to identify that there is a risk of disqualification under the “totting up” provisions then it will usually be necessary to conduct a substantial amount of work in advance of the Court hearing. This is due to the fact that the onus is upon the person who is liable to be disqualified under the “totting up” provisions to demonstrate that “exceptional hardship” will result.
Typically that person will be required to give live evidence at the hearing at which the argument is advanced. Supporting evidence will almost always be necessary to properly advance the argument. This might include taking statements from other witnesses and calling them to give evidence, obtaining detailed financial information and medical evidence.
GUIDE
Time & Cost
A typical case of this nature would involve between 4 and 8 hours work in advance of the hearing itself. The hearing at which the argument is advanced before the Court can typically last between 30 minutes and 2 hours, exclusive of waiting time.
The cost of you instructing a solicitor to prepare your case properly for an argument at which “exceptional hardship” might need to be advanced, and representing you at a single hearing of the case at Court, is likely to amount to between £1500 and £4000 (plus VAT at the rate of 20%).
Get in touch today
To speak with a member of our criminal litigation team, call us today on 0117 967 9800 or email info@danielwoodman.co.uk