How Allen Hoole Solicitors Can Assist in Exceptional Hardship Arguments
Facing a driving ban due to accumulating 12 or more penalty points on your licence can significantly disrupt your personal and professional life. However, under UK law, drivers can appeal to the court on the grounds of exceptional hardship to avoid or reduce the disqualification period.
This is where Allen Hoole Solicitors can help. Our team of highly experienced solicitor advocates has a proven track record of successfully arguing exceptional hardship in court, allowing clients to continue driving and minimising the impact of a potential ban.
What is Exceptional Hardship?
Exceptional hardship is a legal argument used by individuals who have reached the 12-point threshold for driving disqualification under the totting-up process. It provides an opportunity to avoid a driving ban by demonstrating that such a disqualification would cause exceptional difficulties beyond the usual inconvenience.
To argue exceptional hardship, it’s essential to show that the ban would result in more than the typical difficulties associated with losing a licence. Common hardships, such as relying on public transportation or inconveniencing family members, are usually not enough. The court requires evidence of serious or disproportionate impact, such as:
- Loss of employment where public transport is not a viable alternative,
- Severe financial difficulties for the individual or their family,
- Inability to care for dependents, including elderly or disabled family members,
- Impact on business or employees if the driver plays a critical role in the operation of a company.
How the Exceptional Hardship Process Works
If you have accumulated 12 or more points on your driving licence, the court will typically impose a ban of at least six months. However, before the disqualification takes effect, you have the right to apply for a hearing to present an exceptional hardship argument.
The steps in the process generally include:
- Notice of Disqualification: Upon reaching 12 points, you will receive a notice of disqualification.
- Application for Exceptional Hardship: You can request a hearing to make your case. This is where Allen Hoole Solicitors steps in to assist.
- Court Hearing: At the hearing, our experienced solicitors will present evidence and argue on your behalf, demonstrating how the driving ban would cause disproportionate hardship.
How Allen Hoole Solicitors Can Help
At Allen Hoole Solicitors, we have extensive experience in exceptional hardship cases and understand how to effectively present arguments that resonate with the court. Here’s how we can assist you:
Case Preparation: We will help gather evidence that demonstrates how the disqualification would cause exceptional hardship. This could include:
- Employment contracts showing reliance on a vehicle,
- Financial records proving the impact a ban would have on your livelihood,
- Medical records or letters from caregivers explaining the need for driving to support dependents.
Tailored Legal Strategy: Our solicitor advocates have deep expertise in road traffic law. We tailor our approach to suit the specific circumstances of your case, ensuring the most compelling evidence is presented to the court. Our goal is to highlight the severity of the hardship a ban would cause, moving beyond general inconveniences to show significant impact.
Court Representation: During the hearing, our team will represent you in court and argue your case. We have extensive experience in navigating the courtroom and making persuasive arguments to convince the judge or magistrates of your exceptional circumstances. Our presence ensures that your case is presented professionally and effectively.
Proven Success: Allen Hoole Solicitors has a strong track record of successfully arguing exceptional hardship. We have helped countless clients avoid driving bans by convincing the court of the severe impact the disqualification would have on their lives. Whether it’s keeping a client in work, ensuring they can care for vulnerable family members, or protecting a business from collapse, our experienced advocates know what it takes to secure positive outcomes.
Why Choose Allen Hoole Solicitors?
As the largest criminal defence firm in the South West of England, our size and experience give us an advantage when handling complex road traffic cases. We have a team of highly skilled solicitor advocates who specialise in road traffic law and are experts in building exceptional hardship arguments.
Our access to the best barristers and our experience in representing clients across various courts in the region ensure that your case is in safe hands. When you work with Allen Hoole Solicitors, you benefit from our extensive knowledge, attention to detail, and personalised legal support.
If you’re facing a driving ban and believe you may qualify for exceptional hardship, contact Allen Hoole Solicitors today. Our expert team is available to guide you through the process, prepare your case, and represent you in court to ensure the best possible outcome.