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Exceptional Hardship: Examples and Arguments

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In the UK, if you accumulate more than 12 penalty points within three years, you will be disqualified from driving for six months - or two years if you have already been disqualified in the past.

It may be possible to persuade the courts not to disqualify you from driving if you are able to demonstrate that disqualification would cause ‘exceptional hardship’. As you might expect, claiming for exceptional hardship can be extremely challenging and will usually require the support of a specialist driving offence solicitor to be successful.

We discuss exceptional hardship in the following article, including the potential examples that can be used and what the application process involves.

While we hope this information is useful, please note that it should not be taken as legal advice. If you need detailed advice about your situation and your eligibility to make an exceptional hardship application, please get in touch and our team can advise you.

What is exceptional hardship?

Exceptional hardship is a legal argument which can be used in response to a driving disqualification for accruing too many penalty points. While the details of an exceptional hardship argument can vary, arguments go beyond highlighting the immediate difficulties that anyone is likely to experience as a result of a driving ban.

If you are successful in making an exceptional hardship argument, your driving license will still be endorsed with the penalty points, but you will not be disqualified from driving.

Examples of exceptional hardship driving ban applications

Potential examples of exceptional hardship arguments that could be used include:

  • If you suffer from serious health concerns that will be exacerbated
  • If you are a carer for someone with a serious health concern
  • If you will lose your career
  • Potential homelessness if you’re forced to stop working
  • The distance you must travel daily would be extremely difficult or impossible without a vehicle, taking into account your circumstances

The defendant has the burden of establishing these mitigating circumstances, and usually, evidence will need to be provided.

How to apply for exceptional hardship

Applications for exceptional hardship are made in response to receiving a ‘totting up’ ban (more than 12 points in a three-year period). A formal court hearing will be set at the Magistrates’ Court, which you will be invited to attend.

Typically, applications for exceptional hardship are made through representations to the Court, which are then supported by written evidence.

During an exceptional hardship hearing, the prosecution will cross-examine your application and assess whether the arguments made hold weight and whether any other arrangements could be made. The Magistrates or District Judge may also ask various questions to determine whether exceptional hardship will apply in your case.

Exceptional hardship applications are scrutinised incredibly carefully by the courts, which means that they will only be upheld if there is compelling evidence to 

Can I apply for exceptional hardship on my own?

Technically, yes, it is possible to apply for exceptional hardship and attend a hearing on your own. However, given the complexity of these cases and the strict approach that the prosecution takes, it is strongly advised that you work with a specialist motoring offence solicitor. This is something our team will be able to support you with.

What should you do if you are facing a totting-up ban?

If you have surpassed 12 penalty points and are facing a driving ban, you may be able to make a claim for exceptional hardship. Whether or not this is possible will depend on your circumstances and what evidence you are able to present, highlighting the importance of instructing a specialist driving offence solicitor.

At JD Spicer Zeb, our dedicated motoring offence solicitors have over 45 years of experience supporting clients who have exceeded 12 penalty points, helping them put forward successful exceptional hardship applications. Our experience and knowledge of driving offences means that we are well placed to support you if you are concerned about a potential ban.

We can guide you through the entire process of disputing a driving ban and submitting an exceptional hardship application, offering straightforward advice and an honest assessment of your options.

We are highly skilled at handling and presenting the various types of evidence typically relied on in exceptional hardship cases. This ensures that we can build a comprehensive defence case that will withstand the prosecution's scrutiny during a trial.

Our dedicated motoring offence lawyers are ready and available to act in your defence around the clock, including on weekends and bank holidays.

Related offences

We also provide support and guidance on various other matters that are related to exceptional hardship, including:

Related cases

Fees and funding

We are always clear and upfront when it comes to legal fees.

If you are required to attend court, you may be eligible for Legal Aid Whether you can access Legal Aid will depend on whether the grant of public funding is justified on a means and interest of justice basis. You will not be granted legal aid for routine motoring matters.

Where you do not qualify for Legal Aid, the alternative will be to fund the case on a private basis.       

We offer initial meetings from £500 plus VAT plus court attendance at exceptional hardship hearings from £1,000 plus VAT.

To find out more about the way we handle fees (both Legal Aid and private fees) please use the links provided below:

Contact our criminal defence lawyers today

If you have received a totting up ban and require any urgent specialist advice or immediate representation regarding exceptional hardship applications, please do not hesitate to get in touch.

You can contact our dedicated criminal defence lawyers in London, Birmingham, and Manchester by telephone at:

Or email: solicitors@jdspicer.co.uk

Alternatively, you can fill out our quick online enquiry form, and we will get back to you quickly.

24/7 legal representation

For immediate representation and advice, you can contact our Emergency Number: 07836 577 556.

How can we help?

Common questions

We always work with the most experienced and best leading UK barristers, KCs (Kings Counsel). We cover all criminal cases 24/7 at the police station and court. Offices in London, Birmingham, and Manchester cover cases across England and Wales. We can offer Legal Aid and affordable Private fee agreements. We can see you the same day, including virtually. Our Senior Partners supervise all of our cases.

How quickly do you respond?

We respond quickly even during out of hours. We do not get our work by paying for online adverts but based on the fact that few criminal law firms can match our 45 years of experience. Most of our cases are still from word-of-mouth recommendations from satisfied clients. We are called daily by dissatisfied clients from firms with less experience than us. We respond very quickly to new enquiries. We know what clients seek and so we update clients rapidly.

Can you get cases dropped?

Yes, read about the recent cases we've helped our clients with here.

We always keep you updated and give straightforward advice. We will get cases dropped early where the case is weak or should not be prosecuted. We will be upfront with you about where you can benefit from a good result with an early guilty plea, such as a discount on your sentence. As we work on cases across all levels with clients from all walks of life, we are excellent at giving clear, spot-on advice. As an established firm, we can allocate a whole team to your case often at short notice to secure evidence to minimise the damage to you. 

Have you won any awards?

OUR PROFESSIONAL BODY THE LAW SOCIETY AWARDED US IN OCTOBER 2020 WITH THE EXCELLENCE IN CLIENT SERVICE AWARD AND STATED - 

"JD Spicer Zeb demonstrated a clear commitment to client service through their work with vulnerable and diverse individuals in what can be severely traumatic circumstances".

Do you offer free consultations?

Where it is possible, we aim to provide an initial consultation to you. If we can speak to you, we can if required inform you about  –

  • Whether we can take the case on and our relevant experience.
  • Public and private funding benefits.
  • Assistance in applying for legal aid where we are likely to accept instructions.
  • An outline of options in police interview only. We will not advise you on which option to adopt.
  • Providing our free written guide explaining the police station process.
  • The gravity of routine and day-to-day offences you face.
  • Consequences of not attending the court or police station.
  • Consequences of interfering with any witnesses.
  • Retaining any evidence in support of your case.
  • If possible an outline of the elements of the offence that the police or CPS must prove.
  • This consultation will normally be by telephone or email and will only be for as long as we deem necessary to establish if we can act for you. If we cannot usefully give you any advice in this manner then we will not continue with the consultation. We will not discuss the case in depth for you to be able to decide on your plea or any significant aspect of the case, as this cannot be undertaken informally.
  • Referring you, if possible, to other firms for matters out of our specialism or if we cannot help.

Consultations do not apply to the following cases –

  • If we do not intend to take the case on.
  • Road Traffic cases, drink driving, drug driving, driving bans, speeding, no insurance, mobile phone use, points etc.
  • In all cases where we do not have the capacity to take your case or the availability of suitably qualified staff to provide an initial free consultation. This is applicable in all cases but especially where a more senior lawyer is required because of your personal needs or the complexity of the case.
  • Harassment/stalking/ coercive behaviour/malicious communications or road traffic cases and most sensitive cases. These cases are often too complicated to assess in short consultations.
  • The locations concerned may be too distant to represent you adequately or it may not be cost-effective for you or us.
  • The case is too complicated to assess or raises various charges or facts, complexity, or history to be considered informally or in a short consultation.
  • In most Legal aid transfers where legal aid is granted to another firm except in very grave cases, we may assess the case and merits for a transfer.
  • If your relationship has broken down with your existing solicitor or several solicitors.
  • If you have been released under investigation and have already had a police station attendance. 
  • If you hold legal aid with another firm and seek a second opinion.
  • If you are calling on behalf of the client as a friend or family member unless you have full authority and full facts.
  • To businesses.
  • Advising whether you were given good advice by your other solicitor.
  • Whether to decide to plead guilty or not guilty.
  • Whether you have an arguable defence in law or factually complicated defences.
  • Any advice you have had after your first court appearance.
  • Any advice on appeal on conviction or sentence.
  • If we feel we are unable to communicate with you.
  • If we are likely to be conflicted or breach our professional rules.