Exceptional Hardship Legal Defence

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WHAT IS AN EXCEPTIONAL HARDSHIP ARGUMENT?

‘’Totting up’’ disqualifications are when you accumulate 12 or more penalty points on your licence within a three-year period. When this happens, by law you will be summoned to appear before a Magistrates Court and face a minimum period of six months driving disqualification.

Drivers who find themselves in this position can make an application to the court to not disqualify on the grounds of ‘’Exceptional Hardship’’.

Exceptional hardship is an argument put forward to persuade the Court why a driver should not be disqualified from driving after reaching 12 penalty points. Magistrates’ Court guidelines are to impose a ban of six months or more under the totting-up procedure. However, before considering whether a driver should be disqualified, the Court will offer the defendant the opportunity to raise an exceptional hardship argument.

In order to do this, the defendant must be able to prove that the hardship is beyond that of just depriving them of their licence.  Courts are usually more sympathetic to ‘exceptional hardship’ cases when people other than the guilty party will be affected by the disqualification. For example, the driver could not fulfil responsibilities for caring for a family member.

spencer orme
spencer orme
12:17 20 Dec 21
Brian was fantastic with his services, his professionalism, his extensive knowledge put me at ease. Everything he did was to the absolute best of his ability. I can’t thank him enough for... representing me in my caseread more
Tim Gill
Tim Gill
15:37 07 Dec 21
Very professional service with attention to detail. Highly recommended!
Steven Brown
Steven Brown
20:23 30 Nov 21
I recently enlisted the services of Brian Koffman to represent me in court for a speeding offence.Right from my first discussions with Brian I found him very friendly and highly professional.He... explained everything in detail and in an easy to understand method.In court Brian put my case forward with great experience and professionalism and we both got the outcome we hoped for.I wouldn't hesitate in recommending Brian to anyone.read more
Hamid Mian
Hamid Mian
16:48 18 Nov 21
I needed immediate legal assistance regarding a recent motoring offence. Mr. Brian was very professional and talked me through the case and my options. I would highly recommend to anyone in need of... legal advice.read more
Cameron Bruce
Cameron Bruce
19:24 18 Oct 21
Brian was very helpful and communication was brilliant throughout the process. He got me the best possible result on the day without the need to attend court. Would highly recommend his services.
Shananay Watson
Shananay Watson
16:10 13 Oct 21
I searched endless for a trusted motoring solicitor and couldnt find anyone i deemed suitable until B.Koffman & Co.In recent months Mr. Koffman has dealt with everything associated with my Fathers... case from phonecalls to documentation ect.Upon first meeting Mr. Koffman explained in detail what repercussions my Father could face as a result of his driving offences, following our understand Mr. Koffman immediately turned his attention to how he could help.With afew meetings and several telephone calls a decision was made on how to proceed, following this Mr. Koffman travelled to us in order to attend court & won our case!I cannot recommend him enough, everything was done to perfection and no stone was left unturned.5* absolutely.If ever you have a motoring issue Mr. Koffman is the man to see.We have already recommended him to friends and will continue to do so.Thank you again Mr. Koffmanread more
Emma Bingham
Emma Bingham
18:12 24 Sep 21
I went to Brian when I received a letter due to a driving offence. He fully explain what I was being charged with and the options that were available to me. Brian represented me in court and in the... end managed to achieve a better than expected outcome. I would have no hesitation in recommending Brian to anyone and highly recommend.read more
Andrew Ritchie
Andrew Ritchie
14:53 28 Jul 21
I cannot thank Brian enough for the amount of commitment he put in to my case! He was able to explain the court process in simple terms, and I felt at ease knowing that someone so highly professional... was dealing with my case. His advice resulted in the case being dropped and it ended in my favour. After my experience I would definitely recommend Brian, as he handled everything so efficiently. If anyone is looking for a motoring and criminal law solicitor that goes above and beyond, Brian is YOUR MAN!read more
Chris Edward
Chris Edward
13:47 06 Jul 21
I highly recommend the team at Motoring Offence Solicitors. They helped me expertly when I really needed it. Diligent, professional, highly knowledgeable and considering what I was facing, absolutely... amazing value. Thank you Brian and teamread more
Ged Cosgrove
Ged Cosgrove
18:17 13 Jun 21
I have had to use Brian’s services on a few occasions and have also recommended his services to clients, friends and family. I have always found Brian to be professional In my dealings with him, he... explains everything in layman’s terms and has always advised as to the right course of action. I have never been disappointed and have always been happy with the final outcome.read more
Louis Barron
Louis Barron
14:20 11 Jun 21
I called Brian at very short notice about handling a case for me and he was incredibly helpful straight away - he clearly explained the situation and my options, and represented me at court to... prevent me having to travel across half the country.He got me the outcome I requested and I couldn't recommend him or his services highly enough. I chose him from his excellent google reviews just like this one, and now can see why he is so highly regarded!Thanks again Brian.read more
Emma Wright
Emma Wright
11:37 11 May 21
I cannot thank Brian enough for all his hard work involved in helping me get the best possible outcome for a recent motoring offence. Brian has been very responsive and articulate throughout the... whole process which has made me feel at ease knowing I am dealing with a professional at the scary time of preparing for and going to court. I will recommend Brian to anyone who needs a professional to help them with any motoring offences.Hopefully, I never need to use you again, but if I do, you will definitely be the solicitor I use.Thank you again for helping me.read more
Andrea Lumb
Andrea Lumb
10:59 23 Apr 21
I have recently had the pleasure of dealing with Brian regarding a motoring offence for a close friend of mine. Brian has been amazing throughout the whole process with regular and clear... communication. Brian is professional and extremely knowledgeable in his field of expertise. Furthermore, and more importantly, Brian managed to get my friend the best possible outcome that we just didn’t think was possible. Hopefully, I never have to use Brian personally, however if I do commit a motoring offence, he will definitely be the man I call. I have already referred a family member of mine to Brian as I know he will be taken care of.Brian, thank you once again for all your hard work which in turn gave us the best possible outcome.read more
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WHAT WOULD QUALIFY AS A VALID EXCEPTIONAL HARDSHIP ARGUMENT?

As far as the Courts are concerned, there is no statutory definition of exceptional hardship. Some Magistrates have widely different interpretations of what amounts to this term and some require more persuasion than others.

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. The Court will be just as concerned with the impact on others as a result of a driving ban as the impact on you as an individual. 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. This is more likely to be classed as ‘exceptional hardship’.

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. It is also up to the Court to assess the severity of the implications and arrive at a decision as to whether this amounts to ‘hardship beyond that normally suffered’. 

Through enlisting the services of a highly experienced and professional motoring offence specialist, you stand a far greater chance of putting across a strong argument for escaping a driving ban.

WHY CONTACT BRIAN KOFFMAN & CO.

Courts are often sceptical of applications for exceptional hardship and will be extremely thorough in their approach to investigating any request not to disqualify. Therefore, it is of the utmost importance that any application is meticulously prepared and presented, along with appropriate supporting evidence. We specialise in applications for exceptional hardship and have an impressive record of successfully arguing these cases.

Losing your licence may lead to a loss of employment, livelihood and home. It could result in redundancies if you are an employer and your business suffers due to a ban. It may also leave you unable to care for a loved one or family member. If there are reasonable grounds why you should escape a driving ban, we will highlight them and argue your case.

CONTACT US TODAY

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. 

Call our team today on 0161 832 3852 or complete the enquiry form below.

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