The Court might not disqualify you from driving if you can show that a driving ban would cause you or someone close to you “exceptional hardship”. Alternatively, it may in these circumstances give you a shorter disqualification than would otherwise be the case.
No one wants to be disqualified from driving, and the courts are therefore sceptical when they hear such arguments. After all, a driving ban will always cause problems for someone who relies on their car. Exceptional hardship arguments, therefore, require a good understanding of which approaches are more likely to work and how they should be presented to the Court.
What is Considered Exceptional Hardship?
There is no steadfast definition of what does and does not amount to exceptional hardship, and the court will judge the circumstances of each case individually. However, the proposed hardship must be beyond the regular inconvenience that anyone might face when losing their licence. For example, being forced to take public transportation would not be a strong argument, but the loss of your job and inability to find other employment might be. Your legal representative should be able to discern which conditions will be compelling enough to present a successful exceptional hardship argument.
How Does An Exceptional Hardship Case Work?
While the specific procedures may vary between courts, you or your legal representative will be required to collect and present evidence to help prove your case. This evidence will be cross-examined by the Magistrates. Selecting which evidence and references to show, and how to present the case can be quite challenging if you’re not familiar with the process. Our Barristers have successfully presented many exceptional hardship cases. We understand the type of evidence most Magistrates require, as well as the best way to argue each case.
How Avoid A Ban Can Help
Exceptional Hardship arguments require careful preparation. Our Barristers will assess, prepare, and present your case in the best possible way. We will advise you on whether or not an exceptional hardship case is likely to be successful, and ensure you have all the necessary information about your case.