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

Berri’s Law have had great success in exceptional hardship applications.