Again they will not be interested that you may lose money on a holiday. New Guidelines to Provide Clarity on What Amounts to ‘Exceptional Hardship’ in Totting Up Disqualification Cases . Exceptional Hardship is when there are mitigating circumstances which can be put forward to avoid a driving ban in certain cases. In order for this to take place, the Court has to decide whether or not the loss of an offender’s license will cause ‘Exceptional Hardship.’ You were very honest throughout and always kept me informed from the beginning in terms of the outcome of the case. It is when you, or innocent parties, would suffer as a result of your driving ban. Call Motoring Offence Solicitors on 0161 832 3852, The Best Privately Funded Defence for Motoring Offences & Road Traffic Law. We are available to take your call 24 hours a day, 7 days a week. If you receive 12 points on your licence within 3 years, you face a minimum driving ban of 6 months. Yes, however, if you are unsuccessful with an exceptional hardship argument, the driving ban comes into effect immediately. Exceptional hardship can prevent you from facing a driving ban. If successful, the Court has the discretion not to impose a ban at all or impose a shorter disqualification. If you do assist with charities then get them to write letters on how this would effect there day to day operations. We can advise/represent you by telephone, email, video call or face to face in essential circumstances. I am writing this testimonial as I am extremely pleased with the professional service that I received from Brian Koffman and Co. with regard to a driving offence that I was alleged to have committed in June. 3) Section 35(4) (b) of the RTOA 1988 precludes the Court from taking into account "hardship, other than exceptional hardship". Exceptional hardship is a defence to help people facing a driving ban, stay on the road. Dear Mr Koffman,
Exceptional hardship is more than an inconvenience. Although I will not be needing your services again, if I ever came across anyone that is in need of your services, I will be more than happy to refer them to yourself with great confidence. From our first call, I had a good feeling that you could win the appeal, now I am happy that I felt right. What is Exceptional Hardship? Find out more on exceptional hardship driving ban possibility’s. Of course, if you have any insurance in place that covers your mortgage whilst out of work this will not be a hardship. Contact us on 0191 232 9547. I cannot thank Brian enough for all the hard work he put in to get this result. You can present your case at the Magistrate’s Court, or you can ask a defence lawyer to represent you. Find out what we could do for you by filling out the form below. exceptional hardship proof when faced with a mandatory driving ban, as in drink-driving and dangerous driving cases. Speak with your local solicitor to ensure you have a proper defence. Thanking you. … If you are facing a totting up ban, contact us at Ashmans Solicitors. You stood by me on the court day. Actively speeding is your choice and no one else, so this would be classed as your own fault. The focus of the case will need to be around you and your personal circumstances, not the driving offence. We are available to take your call 24 hours a day, 7 days a week. The only circumstances that can prevent a driving ban … Menu. A totting up ban is an automatic driving ban that happens when you accrue 12 or more penalty points in a three-year period. Normally exceptional hardship arguments can be divided into emotional and financial hardship - for example, if the driver cares for relatives or needs to drive for their job. Exceptional Hardship is an application which is put before the Magistrates’ Court to avoid a driving ban due to accumulating 12 or more penalty points on a driving licence within a 3-year period. Everything was very smooth-running from the initial contact I made with you. Cheshire, Remi Moses. If you are at risk of losing your licence, call us now on 01623 397200. To find out if you can argue exceptional hardship, speak to a motoring defence lawyer from our team. However, enlisting the help of our experienced solicitors is recommended. Of course if you come to court on 9 points and you have been speeding SP30 which carries points from a minimum of 3 up to 6 points. It is therefore important that every case is carefully investigated and all lines of enquiry are explored. DX 23352 Dewsbury, SRA N°: 620496 London Branch, Your information is safe and treated in accordance with our Privacy Policy, In the meantime, if you have any further queries, get in touch at 03330096275 or email us on enquiries@ashmanssolicitors.com, Motoring Offences The Chances Of Conviction, Prevent you from caring for vulnerable or elderly members of your family, Prevent you from providing services to the community or charity. I am enclosing a record of my travel expenses, which include an airline ticket cost, train and cab travel costs. I hasten to add that I was innocent and in due course Brian handled my problem efficiently with the minimum of fuss and I was very happy with the outcome. If you're worried totting up means a driving ban, call the Motoring Defence experts on 0800 612 4859 to see whether exceptional hardship can work for you. If you are able to prove to a court that a totting up ban will cause you or others exceptional hardship, then they may reconsider a driving ban. Exceptional hardship is only relevant when you are disqualified under the ”totting up” provisions. Related Article: Motoring Offences The Chances Of Conviction, Ashmans Solicitors is a trading name of Ashmans Solicitors Limited. I will be recommending you to people. Exceptional Hardship is available to avoid a ban in cases of totting up, where you will reach or exceed 12 penalty points and are at risk of a 6 month ban. COVID-19 Update : Given the further Government restrictions and lock-down, all case meetings at our offices are temporarily suspended and will be held via telephone conference call. The concept of “exceptional hardship” is not exhaustively defined by the law. You may be able to avoid a totting up ban by arguing exceptional hardship. Unless you can successfully argue exceptional hardship. The help I received from yourself has been exceptional and wouldn't have any issues if I require any motoring help to come to you. I am very grateful for your support and pleased with the way you represented me. If you can demonstrate to the courts that the loss of your licence will have a significant impact on your livelihood and wellbeing, you could persuade the court to shorten the ban or impose a different penalty. The period of the ban increases if you have been disqualified before. It may also leave you unable to care for a loved one or family member. Mrs. L, Dear Brian
If you have been disqualified from driving in the previous two years, you could be banned for longer. The Court has three options. Under these provisions exceptional hardship … Regards. I was able to speak directly with Brian and discuss my concerns in detail. The law states that you cannot accumulate 12 or more penalty points within a three-year period. A “totting up” disqualification is imposed if a motorist accrues 12 or more points in a 3 year period. All relevant personal and professional information will need to be put before the court to give you the best opportunity to save your licence. • 6 months – This is the standard duration if you have not had a previous disqualification• 1 year – If you have had a previous disqualification of at least 56 days in the last 3 years• 2 years – If you have had more than one previous disqualification of at least 56 days in the last 3 years. Exceptional Hardship. Exceptional hardship arguments As all drivers know when you reach 12 penalty points the Court will disqualify you from driving under the totting up procedure. Exceptional hardship is an argument put forward to persuade the Court why a driver should not be disqualified from driving after reaching 12 penalty points. Can I avoid a ban by showing I would suffer exceptional hardship? To successfully argue exceptional hardship requires a good understanding of the information the magistrates will need and how this should be … If you do have this type of insurance to pay the mortgage if you lose the job check the small print. Exceptional hardship is a legal argument that can be submitted to the court to avoid a disqualification from driving when a driver accumulates 12 or more penalty points on their driving licences. Sadly, this is not the case. If you are due to appear in Court facing a totting up disqualification, we recommend you find alternative transport to attend Court rather than driving. If you reach 12 penalty points in any 3-year period by ‘totting up’, Court guidelines state that an immediate ban of 6 months or more should be imposed. Such a professional client-centred service from beginning to end. Absolutely fantastic working with you and your team. Tags: drink driving defences However, before considering whether a driver should be disqualified, the Court will offer the defendant the opportunity to raise an exceptional … This is the case even if such a ban means you will lose your job, lose your home, be unable to … This was not a case of exceptional hardship in Scotland. It is also up to the Court to assess the severity of the implications and arrive at a decision as to whether this amounts to ‘hardship beyond that normally suffered’. Legislation stipulates that if a driver does acquire 12 or more penalty points they should be disqualified from driving for a minimum period of 6 months. exceptional hardship proof when faced with a mandatory driving ban, as in drink-driving and dangerous driving cases. Losing your licence may lead to a loss of employment, livelihood and home. The prosecution will ask if you can’t use a taxi or bus instead of your car, or if a relative could drive you or your family to appointments; you’ll also have to prove that your job is at serious risk. This plea will typically contain any information you can provide on how a driving ban could impact your life beyond a level that would normally be expected. I did not know any solicitors at the time so I did some detailed research and rang Brian Koffman and Co. However, if it can be shown that exceptional hardship will result from a disqualification a driver is enabled to keep their license even though they have passed the 12 point penalty limit. Brian assured me if I went with the firm every detail of the case would be thoroughly investigated and every possible defence scrutinised so if there was a technicality or some other defence available to me, he would find it. After hearing an exceptional hardship argument. I felt that I could not have been better represented and I will wholeheartedly recommend you and your services to anybody that asks for assistance in a motoring case. Before meeting you I went through different Lawyers enquiring, but when I read your reviews, I knew you were the right lawyer for me. If you have reached 12 points within the last 3 years and face losing your licence under the totting-up procedure and wish to argue exceptional hardship, Please contact Motoring Offence Solicitors , We offer the very best privately funded legal representation to clients accused of driving offences in Manchester and across the UK. Exceptional Hardship. If you do help out win clubs and charities then get written statements from them. Often hardship will be caused to person other than the offender who are wholly innocent and who relies upon the offender driving them about, and will suffer if the offender is disqualified. What are some examples of exceptional hardship? Since then I have unfortunately had to use Brian for a combination of motoring offences, some I was guilty of and some not. Kind regards. We specialise in this area of the law and will provide expert legal advice tailored to your situation. We … Words can't express how grateful I am. The Court will automatically assume that any suspension will result in hardship and will emphasise that is the purpose of a disqualification. We specialise in applications for exceptional hardship and have an impressive record of successfully arguing these cases. Exceptional hardship is when a totting up ban would cause suffering beyond what is considered reasonable. Our team are fully operational and here to help. It has been an absolute pleasure dealing with you. Then impose a disqualification of the minimum period (normally 6 months, see above for guidelines). Former Manchester United and England Under-21 International Footballer, Understanding new fines for speeding offences, briankoffman@motoringoffencesolicitors.co.uk. Prior to considering whether a ban should be imposed, the Court will give the Defendant the opportunity to raise an exceptional hardship argument in order to persuade the Court that a ban should not be imposed. We first met in 1990 when I got drawn into a little bit of trouble. If you can show that exceptional hardship would arise because of a totting up ban. Engage the services of a motoring defence lawyer. As shall be illustrated in chapters 2 and 3, it is competent to argue that special … the main breadwinner in a home containing a spouse and children) The offender is an employer that … The outcome was far better than we could have imagined and has been a great relief to us all. My sincere thanks to you for your help. This will last for a minimum of six months. You also reassured me on many occasions with any concerns and worries that I had. In England and Wales, people who commit motor traffic offences are usually given penalty points. You have to bear in mind that if the ban affects more than yourself the more likely you will keep your driving licence. For expert legal support please get in touch with our team today. Let Kang & Co have cover your back and help you out. “Exceptional Hardship” is an argument used solely to persuade a Court against imposing a “totting up” ban due to the exceptional hardship this could cause to the offender or those reliant on the offender’s ability to drive. The exceptional hardships apply to the inconvenience of others and not yourself. Generally, any hardship caused to others increases the chances of an ‘exceptional hardship’ application being accepted. It was a most stressful period for me and your help, at exactly that moment, made all the difference. Prior to the 1988 Act, section 93 (3) of the Road Traffic Act 1972 operated to impose a totting-up ban for any 3 offences within a 3 year period. Nor can it be argued in cases where the person will not face a potential ban under totting-up procedures (for example, in a speeding case where the person previously had a clean licence). Our barristers and driving offence solicitors in London and Manchester are experts in driving defence and driving ban cases. You played the part of a very astute detective. If you receive 12 points on your licence within 3 years, you face a minimum driving ban of 6 months. We can draw together the necessary documentation and other evidence, as … Innocent parties might include your family, your employees or members of the community. Always stick to the truth if it impacts others. What are some examples of exceptional hardship? Prior to considering whether a ban should be imposed, the Court will give the Defendant the opportunity to raise an exceptional hardship argument in order to persuade the Court that a ban should not be imposed. Our experience in this area of law and in-depth knowledge of the process means we are perfectly suited to help you avoid a driving ban. Nor can it be argued in cases where the person will not face a potential ban under totting-up procedures (for example, in a speeding case where the person previously had a clean licence). 9103057. Throughout the past month you have not only been a great source of advice, but a pleasure to deal with and a calming influence on several occasions. It is the consequence of losing your licence that could qualify yours for exceptional hardship. 12 Penalty Points Driving Ban It is common knowledge that accruing 12 penalty points within a three year period (running from date of offence to date of offence) results in a minimum 6 month period of disqualification unless the Court is satisfied that exceptional hardship would be caused to the licence holder or a third-party who depends upon their continuing ability to drive. I was represented by Brian Koffman for a very serious motoring offence, which was not only dealt with in a very professional manner but also with a much needed caring approach. Yes the court has the power to enforce a longer period than set out above. For example, the driver could not fulfil responsibilities for caring for a family member. 12 Penalty Points Driving Ban. Many thanks indeed for all your work in achieving the outcome of Nik's court case last week. However in practice this power is very rarely imposed on drivers. Dear Brian, many thanks for all your help during this case. Mitigation may be used to stop you from reaching the 12 penalty points on your driving licence stage. From 22nd January 2020 through to 15th April 2020, the Sentencing Council ran a public consultation on the proposed changes to sentencing guidelines for driving offences disqualifications, breach of community orders and clarifications to some explanatory … However, the impact upon you and your family of losing your driving licence is devastating, so you need to see if you can reduce your punishment in any way – pleading exceptional hardship is one such way. Thank you so much for the role you have played in my life. I will gladly recommend your service to friends of family that may ever need it. It does, however, have to be more than an inconvenience caused as a natural result of a driving ban. We are often asked whether it is possible to argue Exceptional Hardship if you are charged with drink driving. You can also email us on enquiries@ashmanssolicitors.com or complete our Free Online Enquiry Form and we’ll be in touch soon. Some insurance policies have clause’s that if you lose your employment through your own doing then the claim becomes null and void. Authorised and Regulated by the Solicitors Regulation Authority. So if you are ever in such a situation as the above then yes the driving ban will be for more than the minimum period. You are a credit to your firm and I would highly recommend you to anybody looking for your services. If you're worried totting up means a driving ban, call the Motoring Defence experts on 0800 612 4859 to see whether exceptional hardship can work for you. We cannot thank you enough. Examples include the company you work for suffering financial hardship if you were unable to perform your driving duties, and you suffering personal … If exceptional hardship is established on the balance of probabilities then the court can refrain from disqualifying or reduce the period of … We were hugely impressed by the way you dealt with the prosecution on Wednesday and your manner in the courtroom. I was driving on the A46 dual carriageway and two police officers stopped me. driver must demonstrate that a ban from driving would have such a detrimental effect on their life, or the lives of others, that it would result in ‘exceptional hardship’. With the forthcoming c. Why do we speed? Loss of job would not be a good enough reason on its own not to impose a driving ban, but what the loss of job would mean could be. Especially if you are going to lose your job because you lost your licence. Loss of employment will be an inevitable consequence of a driving ban for many people. However, if it can be shown that exceptional hardship will result from a disqualification a driver is enabled to keep their license even though they have passed the 12 point penalty limit. You may come across these templates online, however, please do not use these. Exceptional hardship arguments. In limited circumstances it may be possible for the courts not to impose a ban if this would cause ¥exceptional hardship . You and your situation are unique so ensure that you create that personal image. Under the totting up rules, if you receive 12 or more penalty points within a 3 year period you will receive a mandatory driving disqualification. Prior to the 1988 Act, section 93(3) of the Road Traffic Act 1972 operated to impose a totting-up ban for any 3 offences within a 3 year period. If you are about to reach 12 penalty points on your licence we will be able to help you try to retain your driving licence and to relieve you of disqualification. A totting up ban is when you are automatically disqualified from driving because you have 12 or more points on your licence. Genuinely appreciate your support and guidance. The Court will be just as concerned with the impact on others as a result of a driving ban as the impact on you as an individual. Brian has always been helpful to the nth degree, always giving every job the importance it deserves.
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