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    "Noted for the excellence of its white-collar defence practice"

    Chambers & Partners, 2014 edition

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    "Outstanding financial crime defence practice"

    Chambers & Partners, 2014 edition

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    "It’s a deluxe firm which pulls out all the stops for its clients"

    Chambers & Partners, 2014 edition

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    "They are the market leaders for serious crime’"

    Chambers & Partners, 2014 edition

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    "Kangs has an excellent reputation. They care about their clients and go the extra mile for them"

    Chambers & Partners, 2014 edition

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    "Kangs Solicitors is a standout firm"

    Legal 500, 2014 edition

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    "Kangs Solicitors is in the highest tier of firms"

    Legal 500, 2014 edition

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    "Hamraj Kang is noted for his very sharp legal brain"

    Legal 500, 2014 edition

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    "Kangs Solicitors fields a team of ‘technically able solicitors’
    and is well regarded for its serious crime and fraud work"

    Legal 500, 2014 edition

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    "Hamraj Kang is a shrewd tactician and very experienced"

    Legal 500, 2013 edition

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    "What the team is known for - handles an extensive array of criminal matters
    including murder, drugs and white-collar crime"

    Chambers & Partners 2013 edition

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    "Adept at dealing with cases that have an international dimension"

    Chambers & Partners 2013 edition

    Exceptional Hardship

    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 below is a link to one such case conducted by our team.

    CONTACT:

    If you find yourself in need of assistance in relation to a drink drive allegation please contact:

    Sukhdip Randhawa
    srandhawa@kangssolicitors.co.uk
    0121 449 9888 | 020 7936 639607989 521 210 (24hr Emergency Number)

     

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