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Article Directory :: Legal Articles
If you have received 12 penalty points on your driver's licence within a three year period - for one or more type of driving offences, you will face an immediate ban from driving for a minimum of 6 months. However, the court has discretion to impose a longer ban if this seems fitting bearing in mind the circumstances of your offences and subsequent conviction. It would be up to the Judge on the day of the hearing as to what length of ban to impose.
Losing your licence can have a huge effect on all aspects of your life and, it is true to say that, for many people (especially those who drive for a living) losing their licence could also mean losing their job and therefore their income. So is there anything you can do when faced with losing your licence to persuade the court that you should keep your licence?
The only defence available would be to show that you would suffer 'exceptional hardship' if you were to lose your licence. Whilst there is no legal definition of 'exceptional hardship' it is thought to be hardship that goes beyond what would normally be suffered. Therefore, to simply argue that you will lose your job if your licence is taken away will not amount to a successful defence. The court will argue that you should have been well aware of the risk of losing your licence (and therefore losing your job) when you were totting up the penalty points on your licence.
To have a chance at being successful is pursuing an 'exceptional hardship' defence, you need to be able to illustrate that you, and more importantly, people around you will suffer beyond what would normally be suffered. For example, if your child or an elderly relative relies on you, and you alone, to take them to important hospital appointment for treatments or consultation, you may be able to successfully argue that you would suffer exceptional hardship if a driving ban were to be imposed. Similarly, if you can show that losing your licence will not only lead to you losing your job but that in turn that would lead to you being unable to keep up the mortgage payments on your property (meaning your family would have to vacate the property), this may also meets the requirements of sustaining 'exceptional hardship'.
The courts take driving offences extremely seriously and if you are facing a driving ban you cannot expect to easily defend your actions. It is important that you seek advice immediately from an expert motor offence lawyer who will be able to advise you on your defence.
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