Exceptional Hardship Legal Defence
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- 40 Years of Experience
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EXCEPTIONAL HARDSHIP DEFENCE SOLICITORS MANCHESTER
Exceptional Hardship is an option for you if you are facing a “totting up” driving ban.
A “Totting up” driving ban can be imposed 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’’ defence.
WHAT IS AN EXCEPTIONAL HARDSHIP ARGUMENT?
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 mandatory disqualification period of six months or more under the totting-up ban procedure.
However, before considering whether a driver should receive a driving ban, 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 driving 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.
Our Exceptional Hardship Solicitors in Manchester can help you apply for an Exceptional Hardship defence, and avoid a driving ban. We understand the inconvenience brought by not being able to drive for 6 months or longer, and we will work tirelessly to ensure the best outcome for you.

Thanks so much 100% recommend to anyone looking for representation
Originally we were looking at a potential driving ban, a minimum sentence of community service, plus a fine and interviews with the traffic commissioner. On the day of the hearing the Crown Prosecution wanted all of the former, which would have meant the end of a driving career and the loss of livelihood.
On the eleventh hour and fifty nine minutes literally as we were walking into court, Brian managed to secure a deal with the prosecution which led the judge to serve up five points on the licence and a fine, all of the other charges were dropped.
Such a massive relief after nearly a year of worry and angst. If you need a solicitor that specialises in motoring offences Mr Koffman is the man you need, so ring him. I mean it ring him!
Thanks to Brains excellent representation, I won my case, keeping my licence and was rewarded £750 towards my costs.
Would highly recommend
Cheers
Nick
Excellent legal advice, excellent and professional customer service, outstanding legal representation. I would have no hesitation at all in recommending them to anyone who needs their services.
My sincere regards to the entire team at Brian Koffman&Co Solicitors
Both himself & his assistant were both very helpful and very reactive to both phone calls & email.
I had no prior experience of attending court, however Brian made me feel at ease as to what to expect.
The case in which I was involved, was quite complex, however his professionalism and attention to detail made sure I received the best possible outcome.
I would recommend him to others
Should you require assistance with a driving offence Brian is the person to hire.
Professional, meticulous, leaves nothing to chance.
Thank you Brian
Results from this would have been:
Banned from driving
Loss of job
Loss of house
Wedding cancelled
Honeymoon cancelled
The results would have ruined my life.
One email and meeting with Brian and all this was sorted. Completely stress free and both him and his assistant were amazing.
Couldn't rate them high enough
Thank you.
His knowledge is this area is amazing and the the advice he gave me put my mind at rest and made me hopeful that he could resolve the case without me receiving a ban.
Due to covid back log the case was very drawn out but the moment I heard from the courts, Brian was at the other end of the phone and he remembered my case every time, which shows a great personal touch. You wouldn’t get that with a large firm.
Brian managed to resolve the case with reduced points and I am extremely grateful for his help as a totting up ban would have been catastrophic for me.
He was brilliant during what has been a very stressful 8 months.
With a very frustrating case and my case management hearing date changing dates a number of times to my actual trail date changing dates a number of times, Brian was professional throughout and assured me throughout, it was clear from the start brains knowledge and professionalism was going to help me, after nearly three years of this case dragging out we finally got the trail date, and the outcome was outstanding, Brian is in the process of claiming some of my legal fees back which will also be a massive help for me, I couldent recommend Brian enough and would not hesitate to contact again if I needed to, thankyou brain.
Thank you Brian.
Brian decided that the best route to take would be to enter a plea of exceptional hardship. He explained everything clearly and guided me through the process whilst reducing the considerable stress I was under.
His efforts secured me the best possible outcome. Not only did I keep my licence, I also received the lowest possible fine.
I can't recommend Brian highly enough and would urge anyone in similar circumstances to contact Brian Koffman & Co Solicitors without hesitation.
Thank you Brian.
It was my first experience of having a penalty of this nature and was looking to instruct a solicitor to gain some advice on the best steps.
He was incredibly blunt and rude. He compared my enquiry to the likes of a doctor seeing a patient with no knowledge of the symptoms? Despite me being on the phone to answer any questions regarding the offence in question.
Completely bizarre and rude, with him then hanging up on me.
He is such a brilliant lawyer. He made me win the case. He is very professional, honest and an experience lawyer. I do highly recommend him. I’m giving him 5 stars. Thanks a lot.
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. Koffman
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.
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.
Brian, thank you once again for all your hard work which in turn gave us the best possible outcome.
or Call 0161 832 3852
WHAT QUALIFIES AS EXCEPTIONAL HARDSHIP?
As far as the Courts are concerned, there is no statutory definition of Exceptional Hardship within Motoring Law.
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.
Some Exceptional Hardship driving ban defence argument examples can be:
- A driver’s loss of income making them unable to pay a mortgage, rent or bills, causing their family’s living situation to become precarious.
- A carer using a vehicle to travel to the hospital or other healthcare facilities.
- An active community member being unable to carry out charity and community work without access to a vehicle.
- Health risks posed by the lack of access to a vehicle.
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.
WHAT IS THE OUTCOME OF AN EXCEPTIONAL HARDSHIP ARGUMENT?
After presenting an Exceptional Hardship argument before the Magistrates’ Court, they will assess the evidence presented and consider whether your circumstances make a driving licence a necessity. Commonly, one of 3 things will happen:
- The court will rule that a driving licence does not represent a vital necessity for you, or your offences require a driving ban; a minimum totting up ban period of 6 months will be imposed.
- The court will recognise the mitigating circumstances, but still impose a driving ban. This could be brought down to under the minimum period of 6 months disqualification.
- The court will fully acknowledge your Exceptional Hardship argument, and avoid imposing any driving ban.
You may appeal the decision of the Magistrates’ Court regarding your Exceptional Hardship argument, and present it in a different court. A Crown Court appeal could be an option if you are not satisfied with the outcome of your plea.
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 carefully 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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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 team.