Exceptional Hardship

You have one opportunity to argue exceptional hardship on a particular basis in any three year period.

If you can show the Court that a disqualification for a minimum period of 6 months (under the totting-up procedure) would cause you or someone who relies upon you exceptional hardship then the Court will still impose the penalty points but they may permit you to keep your licence.

The word “exceptional” means just that. An inconvenience (such as a significantly increased journey time due to the use of public transport) would not qualify. The court may consider (depending upon your financial circumstances) that you could hire someone to drive for you, in order to avoid exceptional hardship. However a consequence such as a loss of employment could be viewed as causing exceptional hardship.

Your case needs careful preparation, and it is helpful to have documentary evidence in support of your application.

Morton’s Solicitors can advise you how to avoid common pitfalls and we can provide expert representation at Court, to ensure you have the best possible chance in succeeding with your application to keep your licence. We may even be able to persuade the court not to disqualify you on a second exceptional hardship argument within the three years by relying upon different reasons. Call us now for immediate advice.

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