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’. No one wants to lose their licence, though, so the courts are often skeptical when they hear such arguments. We have helped many motorists keep their driving licences by arguing a driving ban would cause them or someone who depends on them hardship that goes beyond the sort of inconvenience and distress losing his or her licence would cause any motorist.
Our experience in this area of law and in-depth knowledge of the process means we are perfectly suited to help you avoid a driving ban.
To successfully argue exceptional hardship requires a good understanding of the information the magistrates will need and how this should be best presented to the Court. Provided the circumstances support it, Avoid A Ban has the knowledge and ability to put together a strong argument on your behalf.
What Counts As Exceptional Hardship?
There is no set definition of what does and does not amount to exceptional hardship and the Court considers the circumstances of each case individually. However, to be sufficient to justify not banning you, the hardship a disqualification would cause (whether it’s to you or to someone who depends on you) must be “exceptional”.
This means a driving ban must cause you (or someone who relies on your ability to drive) problems that would go beyond the sort of inconvenience any driver might face when losing his or her licence. Our Barristers will help you decide which, if any, arguments you can put forward to show that banning you from driving would cause exceptional hardship.
If you’re facing a driving ban and unsure what to do next, talking to a Barrister with experience in road traffic law and defending motorists may help you decide whether or not an exceptional hardship argument will work in your case.
What Happens When You Argue Exceptional Hardship?
It will be for you to prove that a driving ban will cause you or someone who depends on your exceptional hardship. To maximise your chances of success you’ll need to prepare your case carefully in advance, which may include obtaining references and arranging for witnesses to attend court.
Once the basic facts of your offence have been read to the magistrates, you’ll be asked to swear an oath, then give evidence showing why you shouldn't be disqualified from driving. You’ll then be “cross-examined” by the prosecutor, whose job it is to ask you questions that test your evidence and, where appropriate, persuade the magistrates that exceptional hardship does not apply in your case and that you should, therefore, lose your licence.
Putting together references, deciding how best to present your case and, finally, putting your arguments to the magistrates at court can be challenging for anyone not familiar with the process. Avoid A Ban uses Barristers who have successfully argued exceptional hardship cases throughout Dorset, Wiltshire, and Hampshire.
How Avoid A Ban Can Help
Exceptional Hardship arguments require careful preparation. Avoid A Ban can assess, then help you prepare your case and present it to the Court. We’ll advise you whether an exceptional hardship argument might be successful in your case and ensure you have all the necessary information to make an informed choice as to what you should do.