Caring for elderly or disabled relatives – Where a driving licence is essential to caring for them such that their quality of life would be affected.Impact on the health and safety of others – If the defendant works in a role where they are responsible for the wellbeing of members of the public, for example.Impact of employment on others – if the defendant is a manager or business owner and them being banned would impact the livelihoods of other employees or colleagues.Loss of employment – if you need a car as part of your job and have financial dependents who would have their standard of living significantly reduced.
It does not apply to offences which carry a mandatory disqualification, such as driving with excess alcohol. This discretion only applies to totting up as a result of penalty points. The Court may only decide not to impose a penalty points disqualification if it finds that exceptional hardship would be caused. This can be avoided if the Magistrates’ Court in which the case is being heard accepts that exceptional hardship would be caused in the event that disqualification was imposed.Įxceptional hardship is not merely hardship in being disqualified (which everyone would suffer as a result of a penalty points disqualification) but something “exceptional.” To have a good chance of succeeding, it will be necessary for you to prove hardship which would have wider reaching consequences to you and/or other people in the event that you were to be disqualified for 6 months. If as a result of being convicted of a motoring offence which results in the number of points on your licence reaching 12 or more (often referred to as totting up) you will be eligible for a disqualification from driving of at least 6 months.
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