Exceptional Hardship | Motoring Offences | Howells LLP
Make a payment
Contact Us

Exceptional Hardship

Exceptional Hardship Driving Ban

Exceptional hardship refers to cases of extreme suffering due to a totting-up ban. It’s a legal argument that can be submitted to the court in order to avoid or reduce a driving disqualification.

Arguing an exceptional hardship driving ban is not as straightforward as it might first appear as, by definition, it has to be exceptional. Ordinary hardship will not be considered by the Court. Our exceptional hardship solicitors can help. 

Speak to our team today

What is Considered Exceptional Hardship?

The appeal Courts have been reluctant to lay down any strict rules as to what amounts to exceptional hardship and stressed that each case should be decided on its own facts.

For example loss of employment as a result of a driving ban will not normally be considered. However, the effect of the loss of employment both on the defendant and any innocent third parties can and often does amount to exceptional hardship.

It is therefore important that every case is carefully investigated and all lines of enquiry are explored. We have extensive experience in taking our clients’ detailed instructions and identifying the key factors relevant to the case to present it to the court.

Our Criminal Defence specialists have an impressive record in arguing exceptional hardship in court and supporting clients to keep their driving license.

Examples of Exceptional Hardship 

Examples of exceptional hardship might also include:

  • If the person in question needs their car to care for elderly or disabled relatives.
  • If the ban results in significant financial loss, for example if there is a risk that the defendant could go bankrupt or lose their home due to the ban.
  • If a driving ban would affect employees and colleagues.

Exceptional Hardship FAQs

Do I Need a Solicitor for Exceptional Hardship?

Demonstrating exceptional hardship is complex, so it’s important you have an experienced solicitor working on your case. At Howells, we can help provide guidance and advice in order to try to reach the desired outcome.

How Do You Prove Exceptional Hardships?

You must provide sound evidence that your circumstances mitigate the offence. As the name suggests, the reasoning must be exceptional and be causing suffering to dependents.

How Many Times Can You Use Exceptional Hardship?

An exceptional hardship application can only be put forward once within a 3-year period unless you use completely different reasons. 

Motoring Offence Costs

Find the full list of our motoring costs here.

Join Our Mailing List

Join our newsletter and receive news, legal help and exclusive offers from our team. Sign up here

Diagnostic Appointment

We offer an initial 1-hour appointment, where we will discuss your case and confirm our advice in writing, for a fee of £150 +VAT (total £180).

Motoring Costs

How can we help? Contact us today

Contact us on 0114 2496666 and one of our advisors will be in touch to discuss your situation. We will take some initial information and if we can help, we will book you in for a consultation with a legal professional.

Our Motoring Offence specialists can support with:

Motoring Articles

Motoring
Drug driving in the news again

07 Dec , 2018

Howells Solicitors

Drug driving cases are in the news again, with Randox Testing Services again the centre of attention. The organisation was last in the news in January, when it came to light that two members of staff had been arrested for...
Motoring
David Beckham escapes speeding fine and points. A case of rich privilege or something simpler?

28 Sep , 2018

Howells Solicitors

A lot of people are asking me how David Beckham escaped points and a fine for speeding when he admitted that he had done so. The answer is that there are rules that the prosecuting authority must comply with to...
Motoring
Motoring law moving with the times

22 May , 2018

Howells Solicitors

Advances in technology mean that from June 2018, drivers will be able to use remote control parking on British roads for the first time. This means that if a driver has an app on their mobile phone, they can use...
Motoring
The rules on sentencing for drink driving

01 May , 2018

Howells Solicitors

When Ant McPartlin was sentenced for drink driving, a lot of people were asking why he received the penalty that he did. Well the answer is that the Magistrates follow national Sentencing Guidelines to help a court to decide what...
Motoring
Uber Taxi Drivers Tribunal Success

29 Nov , 2016

Howells Solicitors

In late October, two drivers James Farrar and Yaseem Aslam working for taxi app Uber, where customers are able to request and pay for taxis on their smartphone, brought an employment tribunal against Uber and won. The two drivers were...

Request a Call back

The Howells Solicitors law team are compassionate, down-to-earth and professional, offering you the best expert advice. Get in touch with solicitors in Sheffield, Rotherham, and Barnsley to see how we can help. Fill in the form or give us a call at:

The Team

Our expert criminal defence team is a highly experienced, successful and resourceful unit, focused on getting the best possible outcome for its clients. They are consistently rated highly in the prestigious Chambers Guide to the Law and Legal 500;

Chambers 2019
The prestigious Chambers Guide ranks Howells Criminal department as a top tier firm in Sheffield and the surrounding areas.

Legal 500 2018
Howells criminal law team is highly ranked by Legal 500 2018 saying “Howells’ ‘very approachable and helpful’ criminal department has capabilities to handle a range of complex matters, with particular experience in public order law, judicial review, advising youth offenders, and cases with a civil liberties, human rights or mental health considerations.

Chris Wong is recommended for defending clients facing extradition. Rotherham-based Mary Rose Macadam has particular expertise in prison law, parole board work, youth court representations and cases including a mental health element.”

Chris Wong

0114 249 6650
Contact Profile