Exceptional Hardship

A totting ban in those circumstances can be avoided, if the Magistrates accept that losing your licence would cause exceptional hardship to you or those around you. In most criminal cases the prosecution must prove something beyond reasonable doubt, however with ‘exceptional hardship’ arguments there is a reverse burden of proof. This means that it is for the defence to prove that ‘exceptional hardship’ would be caused, rather than for the prosecution to disprove it. It is for the defence to raise this legal argument on the balance of probabilities i.e. “so it is more likely than not”.

The key element here is to corroborate anything that you assert, as the Prosecution will have the opportunity to question you in court under oath, on what you have asserted. Unless we raise a watertight argument, the CPS will seek to suggest to the court that the difficulties a ban would cause are surmountable. The Court accepts that all drivers who receive a disqualification are caused some hardship. A driving ban often causes inconvenience and makes ordinary tasks a logistical minefield. However, to be successful, we have to show something more than that – it has to be exceptional hardship and we have to demonstrate that there are no measures that could be put in place that would mitigate that hardship.

Experience has taught us that the Magistrates are impressed if you can support what you are saying with for example, diaries/schedules that demonstrate the frequency and location of the journeys that you maintain require you to have a driving licence and with supporting letters from other parties involved who can corroborate what you say. Just think of it in terms of this – the court won’t just take your word for it that exceptional hardship will be caused. We need to make it absolutely clear and compelling. If we can do that the CPS will often have no questions for you in cross examination.

During an initial consultation, we will ask you about your personal and professional life in order to identify whether there is merit in making an exceptional hardship argument. We will advise you on the supporting evidence that you will need to provide to the Court to ensure that the argument is watertight. We will also challenge you on any areas that appear to weakness in your case, so that you can provide as much information as possible to make the argument compelling.

This is probably the type of case that we deal with most frequently and we will be able to give you a realistic assessment of your prospects of success. All of the arguments that we have made on behalf of our clients have been successful, partly because we would not waste your money if your case had no merit and also thanks to our significant experience in this area that simply means that we know the very best and most effective way to present your case to the court.