Exceptional Hardship

At Kellocks, we have helped hundreds of motorists avoid a lengthy disqualification or, indeed, any disqualification from driving under the totting up provisions by persuading courts that there are grounds for mitigating the normal consequences of a conviction.  In 2018, we have not lost once; these types of applications are often known as an exceptional hardship application.

The law

S35 Road Traffic Offenders Act 1988

Where a person is convicted of an endorsable motoring offence and the penalty points to be taken into account on that occasion total 12 or more, the court must order him to be disqualified for not less than the minimum period unless the court is satisfied, having regard to all the circumstances, that there are grounds for mitigating the normal consequences of the conviction and thinks fit to order him to be disqualified for a shorter period or not to order him to be disqualified.

No account is to be taken under this provision above of any of the following circumstances:

1. a) any circumstances that are alleged to make the offence or any of the offences not a serious one.
2. b) hardship, other than exceptional hardship, or
3. c) any circumstances which, within the three years immediately preceding the conviction, have been taken into account under that subsection in ordering the offender to be disqualified for a shorter period or not ordering him to be disqualified.

What am I looking at?

Drivers who receive 12 penalty points on their driving licence must be disqualified from driving for a minimum period of 6 months if no previous disqualification is to be taken into account.  This increases to one year if one, and two years if more than one such disqualification is to be taken into account.

Kellocks can help you avoid this.

Is Legal Aid available?

Probably not.

Allegations of endorsable motoring offences may sometimes satisfy the “interests of justice” test.  If they do in your case and if you are financially eligible, legal aid would be available.  If it is, we can provide representation at no cost to yourself at court.

Contact us now and we can provide you with expert advice regarding legal aid eligibility or offer you a fixed fee to provide representation.