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exceptional hardship driving ban

In England and Wales, people who commit motor traffic offences are usually given penalty points. Exceptional Hardship is not confined to the hardship that will be caused to the offender as a result of disqualification. They had a hand-held laser gun and stated that I was travelling at 123 mph. Regards, The 1988 Act, in allowing four 3 penalty point offences before totting up comes into effect, gives a further … I would like to thank Mr Koffman for his most excellent work on my most Exceptional hardship will vary according to the circumstances of the Defendant who will be expected to establish the loss of a driving licence, would go far beyond the inconvenience that would normally be anticipated. Andrew Flintoff, the former England cricket captain, has escaped a driving ban for speeding in his Bentley because of the “exceptional hardship” it would cause him and his family. Sadly, this is not the case. You also reassured me on many occasions with any concerns and worries that I had. A minor speeding offence carries three penalty points. If you can demonstrate to the courts that the loss of your licence will have a significant impact on your livelihood and wellbeing, you could persuade the court to shorten the ban or impose a different penalty. Loss of job would not be a good enough reason on its own not to impose a driving ban, but what the loss of job would mean could be. It is when you, or innocent parties, would suffer as a result of your driving ban. “Exceptional Hardship” is an argument used solely to persuade a Court against imposing a “totting up” ban due to the exceptional hardship this could cause to the offender or those reliant on the offender’s ability to drive. Of course, if you have any insurance in place that covers your mortgage whilst out of work this will not be a hardship. I am writing this testimonial as I am extremely pleased with the professional service that I received from Brian Koffman and Co. with regard to a driving offence that I was alleged to have committed in June. The most common is where a driving ban will lead to financial hardship, usually due to the loss of employment. What is Exceptional Hardship? Everything was very smooth-running from the initial contact I made with you. Magistrates’ Court guidelines are to impose a ban of six months’ or more under the totting-up procedure. As all drivers know when you reach 12 penalty points the Court will disqualify you from driving under the totting up procedure. If exceptional hardship is established on the balance of probabilities then the court can refrain from disqualifying or reduce the period of … If you are due to appear in Court facing a totting up disqualification, we recommend you find alternative transport to attend Court rather than driving.   It is your opportunity to explain to the court what the consequences would be if you were disqualified. Thanks so much for your kind e-mail and information. It is only possible to use an exceptional hardship mitigation once in every three year period but you cannot reuse the reason for the hardship. Our experience in this area of law and in-depth knowledge of the process means we are perfectly suited to help you avoid a driving ban. You can also email us on enquiries@ashmanssolicitors.com or complete our Free Online Enquiry Form and we’ll be in touch soon. Driving whilst, Peter Hook (New Order/Joy Division). It is common knowledge that accruing 12 penalty points within a three year period (running from date of offence to date of offence) results in a minimum 6 month period of disqualification unless the Court is satisfied that exceptional hardship would be caused to the licence holder or a third-party who depends upon their continuing ability to drive. If the disqualification resulted in the driver losing his job, which would then result in him being unable to pay the mortgage, his family would lose their home through no fault of their own. Since then I have unfortunately had to use Brian for a combination of motoring offences, some I was guilty of and some not. This was not a case of exceptional hardship in Scotland. We are available to take your call 24 hours a day, 7 days a week. ‘’Totting up’’ disqualifications are when you accumulate 12 or more penalty points on your licence within a three-year period. I would like to take this opportunity to sincerely thank you for your professionalism and guidance in my court case at Lincoln Magistrates' Court on Monday. Nor can it be argued in cases where the person will not face a potential ban under totting-up procedures (for example, in a speeding case where the person previously had a clean licence). We are often asked whether it is possible to argue Exceptional Hardship if you are charged with drink driving. exceptional hardship proof when faced with a mandatory driving ban, as in drink-driving and dangerous driving cases. For expert legal support please get in touch with our team today. But this does not amount to exceptional hardship. Exceptional Hardship Arguments in Driving Cases. Exceptional hardship is more than an inconvenience. Related Article: Motoring Offences The Chances Of Conviction, Ashmans Solicitors is a trading name of Ashmans Solicitors Limited. When any driver reaches 12 penalty points in any 3 year period, the Court guidelines are an immediate ban of 6 months or more. at what he does and I know that the friendship,professionalism, diligence and discretion he has shown me over the years, he shows to every client. Exceptional Hardship in Scotland. Tags: drink driving defences So do ensure that you come with all the facts and people that depend upon you in your day to day life. If you do help out win clubs and charities then get written statements from them. I did not know any solicitors at the time so I did some detailed research and rang Brian Koffman and Co. If you can demonstrate to the courts that the loss of your licence will have a significant impact on your livelihood and wellbeing, you could persuade the court to shorten the ban or impose a different penalty. Skip to content. You are a good lawyer and a good man, a rare combination indeed. If you have reached 12 points within the last 3 years and face losing your licence under the totting-up procedure and wish to argue exceptional hardship, Please contact Motoring Offence Solicitors , We offer the very best privately funded legal representation to clients accused of driving offences in Manchester and across the UK. This week saw the resolution of a complicated motoring case at a Nottinghamshire Magistrates’ Court for our client, Patricia. I am extremely grateful as it helped make a very difficult few months a little easier to get through. Some Magistrates have widely different interpretations of what amounts to this term and some require more persuasion than others. In Cornwall v Coke (1976), it was submitted that a Court may properly … You may even contribute financially to your pensioner parents. However, if it can be shown that exceptional hardship will result from a disqualification a driver is enabled to keep their license even though they have passed the 12 point penalty limit. However, enlisting the help of our experienced solicitors is recommended. If you need help and advice on these Driving Offences, Call us today on 03334 432 366. I have now had a couple of days to calm down after the events of Wednesday and had a little time to reflect. From 22nd January 2020 through to 15th April 2020, the Sentencing Council ran a public consultation on the proposed changes to sentencing guidelines for driving offences disqualifications, breach of community orders and clarifications to some explanatory … It does, however, have to be more than an inconvenience caused as a natural result of a driving ban. I felt tears of joy from the way you fought my case. I am very grateful to you for the way in which you prepared and conducted the case. A totting up ban is an automatic driving ban that happens when you accrue 12 or more penalty points in a three-year period. Dear Brian, many thanks for all your help during this case. I am delighted to recommend Brian Koffman to anyone facing a motoring prosecution. Thanks Brian. You were very honest throughout and always kept me informed from the beginning in terms of the outcome of the case. Exceptional hardship arguments. To find out more, speak to a motoring defence lawyer from our team. As shall be illustrated in chapters 2 and 3, it is competent to argue that special … As far as the Courts are concerned, there is no statutory definition of exceptional hardship. I am enclosing a record of my travel expenses, which include an airline ticket cost, train and cab travel costs. The Court has three options. Our team are fully operational and here to help. Cornwall v Coke [1976] Crim LR 519 says “hardship to the public is a mitigating circumstance, and indeed is rather stronger mitigation than hardship to the offender” Look at family circumstances rather than just work. Decide not to impose any disqualification at all and agree on your exceptional hardship plea. Cheshire, Remi Moses. COVID-19 Update : Given the further Government restrictions and lock-down, all case meetings at our offices are temporarily suspended and will be held via telephone conference call. Exceptional hardship arguments As all drivers know when you reach 12 penalty points the Court will disqualify you from driving under the totting up procedure. Words can't express how grateful I am. I will endeavour to be a better driver going forward. Kind regards, find out what drives one of the most successful solicitors within the UK, Copyright © 2018 Motoring Offence Solicitors - Brian Koffman & Co. | All rights reserved | Privacy Policy | Complaints PolicyTel: 0161 832 3852 | Email:  briankoffman@motoringoffencesolicitors.co.uk | Address: New Maxdov House, 130 Bury New Road, Prestwich, Manchester M25 0AA, Vat Number: 305123021 | SRA number: 54265, Mobile Phone Use While Driving Laws to change to Combat Loophole used in Driving Offence Cases In limited circumstances it may be possible for the courts not to impose a ban if this would cause ¥exceptional hardship . Then if you are stopped and you have any defects on your car such as C30 using a vehicle with defective tyres, that would be 3 points for each tyre that isn’t deemed legal. The 44-year-old was facing a driving ban by the 'totting up procedure' but the court held back from disqualifying him. Thanks. Under the totting up rules, if you receive 12 or more penalty points within a 3 year period you will receive a mandatory driving disqualification. Unless you can successfully argue exceptional hardship. Therefore, it is of the utmost importance that any application is meticulously prepared and presented, along with appropriate supporting evidence. If you are charged with drink driving, and plead guilty without any Special Reasons, the court will have to disqualify you for a minimum of 12 months. Exceptional Hardship is when there are mitigating circumstances which can be put forward to avoid a driving ban in certain cases. Home; Services. My case was reviewed and the MS90 was set aside. Genuinely appreciate your support and guidance. Tycoon, 63, gets six month driving ban for speeding in his £114,000 Bentley despite claiming he will suffer 'hardship' after he needed SEVEN chauffeurs during a previous ban Can I avoid a ban by showing I would suffer exceptional hardship? All relevant personal and professional information will need to be put before the court to give you the best opportunity to save your licence. New Guidelines to Provide Clarity on What Amounts to ‘Exceptional Hardship’ in Totting Up Disqualification Cases . I did not realise a court decision could be overturned in this manner. If you face totting up the court has to decide in terms of s35 of the Road Traffic … After hearing an exceptional hardship argument. This is known as a totting up ban. Courts are usually more sympathetic to ‘exceptional hardship’ cases when people other than the guilty party will be affected by the disqualification. Although there is no strict definition, exceptional hardship could cover caring for a sick relative who needs to be driven around, or losing a job. We cannot thank you enough. Especially if you are going to lose your job because you lost your licence. It is the consequence of losing your licence that could qualify yours for exceptional hardship. For example loss of employment as a result of a driving ban will not normally be considered exceptional hardship. Motor defence solicitors London. UK Figures from 2016 record 240 deaths, 1260 serious injuries and over 9000 ca, With the introduction of new fines for speeding offences on April 24th 2017, the risks are greater than ever if you are, The penalties for talking on the phone and driving can be severe, especially for newly qualified drivers. That alone will not enable a ban to be reduced or avoided. Exceptional Hardship cannot be used for driving offences which carry an obligatory period of disqualification such as drink driving, dangerous driving, failing to provide a specimen etc. Exceptional hardship to the public and to others is better. Former Manchester United and England Under-21 International Footballer, Understanding new fines for speeding offences, briankoffman@motoringoffencesolicitors.co.uk. My sincere thanks to you for your help. If you accrue 12 or more points on your licence, consequently you will automatically face a driving ban. Evidence that loss of employment would follow from disqualification is not in itself sufficient to demonstrate exceptional hardship; whether or not it does will depend on the circumstances of the offender and the consequences of that loss of employment on the offender and/or others. Menu. Absolutely fantastic working with you and your team. If when you attend court, it is found that losing your licence would cause you exceptional hardship, it may be possible for the driving disqualification to be withheld. You might have to take the bus to work, or someone else might have to pick the children up from school. If you are about to reach 12 penalty points on your licence we will be able to help you try to retain your driving licence and to relieve you of disqualification. exceptional hardship proof when faced with a mandatory driving ban, as in drink-driving and dangerous driving cases. This is the case even if such a ban means you will lose your job, lose your home, be unable to … David Gray's expert motoring solicitors can help you with this defence - contact us. Brian assured me if I went with the firm every detail of the case would be thoroughly investigated and every possible defence scrutinised so if there was a technicality or some other defence available to me, he would find it. To find out if you can argue exceptional hardship, speak to a motoring defence lawyer from our team. However, before considering whether a driver should be disqualified, the Court will offer the defendant the opportunity to raise an exceptional hardship argument. 3) Section 35(4) (b) of the RTOA 1988 precludes the Court from taking into account "hardship, other than exceptional hardship". driver must demonstrate that a ban from driving would have such a detrimental effect on their life, or the lives of others, that it would result in ‘exceptional hardship’. In preparing your case, we will take a detailed statement from you and will identify evidence which is required to support our submissions. 12 Penalty Points Driving Ban. Equally, they might consider the impact that a driving ban might have on fellow employees, especially if it means a driving ban impacts on the employment of others. A “totting up” disqualification is imposed if a motorist accrues 12 or more points in a 3 year period. Ensure that your solicitor knows every little detail. Exceptional hardship is a defence to help people facing a driving ban, stay on the road. If you do assist with charities then get them to write letters on how this would effect there day to day operations. It is recognised that everyone who is disqualified from driving will suffer some hardship and inconvenience. How will the kids get to school? Yes the court has the power to enforce a longer period than set out above. I wish you all the best for the future and I really appreciate what you have done for me. Your calm, measured and logical approach gave me hope and the tools to resolve my situation. Contact us on 0191 232 9547. We are all most grateful for your support throughout these past difficult months, and for the work that you have undertaken on Nik's behalf with such excellent results. Brian represented me in relation to a motoring case in a highly professional manner and was able to bring the matter to a successful conclusion. I will be recommending you to people. I can't thank you enough. You are the best Lawyer for Motoring Offences bar none! Thank you so much for the role you have played in my life. The result and outcome was great and I appreciate the smart way you dealt with things. I cannot thank Brian enough for all the hard work he put in to get this result. However, if it can be shown that exceptional hardship will result from a disqualification a driver is enabled to keep their license even though they have passed the 12 point penalty limit. They could be old and vulnerable and need constant looking after. You may belong to a bowling club for example and you take 3 other members on a regular basis because they don’t have transport. Grounds for exceptional hardship could be financial or emotional such as having a loved one rely on you for care, needing to drive in order to fulfil your job role or to take care of your children. We can advise/represent you by telephone, email, video call or face to face in essential circumstances. Call Motoring Offence Solicitors on 0161 832 3852, The Best Privately Funded Defence for Motoring Offences & Road Traffic Law. What Is Exceptional Hardship? Kind regards. I will miss my holiday. Exceptional hardship is only relevant when you are disqualified under the “totting up” provisions. Always stick to the truth if it impacts others. If you are facing a ban under the totting-up procedure and wish to contest this, it is for you to establish the severity and degree of hardship. Exceptional Hardship Driving Letter {Your Name} {Your Address} {Your Phone #} {Date} Dear {Entity}, It is with great humility that I write to plead exceptional hardship. Nor can it be argued in cases where the person will not face a potential ban under totting-up procedures (for example, in a speeding case where the person previously had a clean licence). Innocent parties might include your family, your employees or members of the community. You may be able to avoid a totting up ban by arguing exceptional hardship. Examples of exceptional hardship include: A driving ban results in losing a skilled job that would be difficult to replace (potentially meaning ongoing financial hardship beyond the length of the ban) A driving ban results in unemployment where the offender is a provider (e.g. Authorised and Regulated by the Solicitors Regulation Authority. Throughout the past month you have not only been a great source of advice, but a pleasure to deal with and a calming influence on several occasions. If you reach 12 penalty points in any 3-year period by ‘totting up’, Court guidelines state that an immediate ban of 6 months or more should be imposed. When exceptional hardship may be used to avoid a ban. This is a huge relief. If you accrue 12 or more points on your licence, consequently you will automatically face a driving ban. Advice tailored to your pensioner parents, have to pick the children up from.! 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Defence - contact us at Ashmans solicitors limited solicitors exceptional hardship driving ban London and Manchester are experts in driving defence driving. Trying circumstances it may be used to avoid a driving ban of … what is considered exceptional hardship driving ban result hardship...

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