Kangs Solicitor
BIRMINGHAM: 0121 449 9888
LONDON: 020 7936 6396
MANCHESTER: 0161 817 5020

Winner of the Legal 500 – ‘Criminal, Fraud & Licensing Law Firm of the Year’ – “One of, if not the best, criminal specialist firms in the country”

Exceptional Hardship

CHAMBERS UK

“They really go the extra mile for the client. They’re real experts in the field and they have a proven track record”

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.

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Legal 500

“Kangs Solicitors is rated for the ‘proactive, expert defence’ it provides to executives and high-net-worth individuals”

Legal 500

“Tenacious in challenging the prosecution”

Legal 500

“It has very bright individuals at all levels who know the system inside out”

Legal 500

“This is a first-class firm with unrivalled experience, a great track record, an acute attention to detail and a tenacity that clients really rate are features of this firm”

Legal 500

“Client care and expert knowledge of their areas of practice. A close-knit team that are always available to clients”

Legal 500

“Kangs ensure the work it does is to the high standards”

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