Winner of the Legal 500 - 'Criminal, Fraud & Licensing Law Firm of the Year 2019'
Exceptional Hardship Solicitors
If a driver obtains 12 or more penalty points in a 3 year period they can be disqualified from driving under the “totting up” provisions.
The minimum periods of disqualification are as follows:
- 6 months, if no previous disqualification is to be taken into account;
- 1 year, if one previous disqualification of at least 56 days has taken place within the last 3 years immediately preceding the date of this offence;
- 2 years, if more than one previous disqualification of at least 56 days has taken place within the last 3 years immediately preceding the date of this offence.
However, the decision of the Court is a discretionary one and they could be persuaded not to impose the disqualification if it would amount to exceptional hardship.
What is Exceptional Hardship?
Exceptional hardship has no legal definition.
However; to be successful it must be beyond what would be reasonably foreseeable.
It is unlikely to be successful by claiming that employment would be lost. However, it may be sufficient to say that by losing employment a mortgage would be defaulted on and a home lost.
The Court can also consider the effects of the disqualification on a third party.
During an exceptional hardship hearing the defendant is likely to have to give sworn evidence which can lead to cross-examination by the Court and the prosecution.
If the court is persuaded not to disqualify you, your licence will still be endorsed with penalty points which will remain live for the purposes of any future court proceedings for a period of 3 years.
You will also be unable to rely on the same submissions at any further hearing in the next 3 years.
Our Experience in Exceptional Hardship Cases
We can advise you on the prospects of an exceptional hardship hearing.
We will prepare for the hearing by obtaining as much evidence from you in order that submissions can be made on your behalf.
We can also advise and assist in obtaining documentary evidence which would assist the submissions.
It is important that your case be presented thoroughly and expertly at the first opportunity.
Our Track Record
Kangs Solicitors have had great success in exceptional hardship applications and you can read about one such case conducted by our team.
In his recent article ‘Dealing With Mental Health Disorders’ posted to this site on 14th May 2019 Nazaqat Maqsoom of Kangs Solicitors commented on various matters concerning such cases. He now outlines the Orders available to the courts under The Mental Health Act...
Kangs Solicitors has been instructed to represent a Company Director in the defence of proceedings at Reading Crown Court pursuant to the Proceeds of Crime Act 2002 (POCA). The Circumstances | Kangs POCA Defence Team Confiscation proceedings under POCA are being...
Tax Fraud and Money Laundering Trial Commences | Nottingham Crown Court | Kangs Financial Crime Defence Team
As previously reported in an article posted to this website Kangs Solicitors is defending a client charged with conspiracy to commit Tax Fraud and Money Laundering. The trial has now commenced at Nottingham Crown Court. The prosecution is being conducted by the...
On 12th April 2019, The Counter-Terrorism and Border Security Act (‘the Act’) came into force in the wake of ongoing national security concerns. John Veale of Kangs Solicitors outlines some of this new legislation. The Act | Kangs Solicitors Serious Crime Legislation...
Clients suffering from any one or more of a variety of mental health disorders require specialised attention. Nazaqat Maqsoom of Kangs Solicitors briefly outlines the nature of some mental disorders and the manner in which Courts deal with those accused of any crime...
2 Wake Green Road, Moseley
Birmingham, B13 9EZ
0121 449 9888
9 Carmelite Street, City of London
London, EC4Y 0DR
020 7936 6396
Pall Mall Court 61-67 King Street
Manchester, M2 4PD