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Exceptional Hardship Proofs

Where a driver reaches twelve penalty points in a three year period he will be subject to a mandatory period of disqualification for 6 months under the totting up procedure.

However, if you can establish that ‘exceptional hardship’ would result if you were to lose your driving licence, then the court can refrain from disqualification or impose a shorter period of disqualification.

In order to establish exceptional hardship, it must be severe and beyond that which would normally be suffered by loss of licence.

On its own, the fact that a driver may lose his or her job if disqualified is unlikely to be regarded as exceptional hardship.

You have a better chance of establishing exceptional hardship if you can demonstrate that there would be a consequence to others as a result of the loss of your licence, say upon your partner, children, other family members or employees.

So, for example, is there persuasive evidence that loss of your licence would cause your business to go under, or would impact the jobs and lives of several of your employees?

Every case turns on its own facts and circumstances. Normally the Court would expect to hear evidence in support of your position and such cases require careful preparation and presentation to succeed.


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