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#Post#: 46274--------------------------------------------------
Examples of successful exceptional hardship pleas that only
affected the driver
DIR By: Demio323
Date: November 19, 2024, 3:42 pm
---------------------------------------------------------
Just want to say that I enjoy reading through the threads and
seeing the advice given by members on here; keep up the good
work!
I've seen it written multiple times that with regard to totting
up bans, EH pleas carry more weight if it can be demonstrated
that hardship would fall upon people other than the driver,
given that hardship to the driver is to be expected and forms
part of the deterrent etc.
It got me thinking: does anyone know of any case where the
defendant has successfully argued EH that only applied to
themselves without any real hardship being caused to other
parties?
(I'm not seeking advice on any real-life situation that applies
to me, hence why I posted here rather than in the criminal
offences thread. Hope this is the right place).
#Post#: 46275--------------------------------------------------
Re: Examples of successful exceptional hardship pleas that only
affected the driver
DIR By: andy_foster
Date: November 19, 2024, 3:48 pm
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We apply the law to the facts and advise accordingly.
We do not provide a shopping list of purported "facts" for
people to adopt.
#Post#: 46277--------------------------------------------------
Re: Examples of successful exceptional hardship pleas that only
affected the driver
DIR By: Southpaw82
Date: November 19, 2024, 3:54 pm
---------------------------------------------------------
--- Quote from: Demio323 link ---
>
> does anyone know of any case where the defendant has
successfully argued EH that only applied to themselves without
any real hardship being caused to other parties?
>
--- End Quote ---
Yes.
#Post#: 46278--------------------------------------------------
Re: Examples of successful exceptional hardship pleas that only
affected the driver
DIR By: Demio323
Date: November 19, 2024, 3:55 pm
---------------------------------------------------------
--- Quote from: andy_foster link ---
>
> We apply the law to the facts and advise accordingly.
>
> We do not provide a shopping list of purported "facts" for
people to adopt.
>
--- End Quote ---
Understood. To be clear, I was just asking out of curiosity if
there are any known (i.e. published) cases of this having been
done in the past given that I keep reading about how courts tend
to look unfavourably on "exceptional hardship" only applying to
the driver. Not asking for a hypothetical "tell me what defences
could potentially be used" which I understand you're keen to
discourage.
#Post#: 46286--------------------------------------------------
Re: Examples of successful exceptional hardship pleas that only
affected the driver
DIR By: Southpaw82
Date: November 19, 2024, 4:14 pm
---------------------------------------------------------
--- Quote from: Demio323 link ---
>
> [quote author=andy_foster link=topic=3957.msg46275#msg46275
date=1732052925] I keep reading about how courts tend to look
unfavourably on "exceptional hardship" only applying to the
driver.
>
--- End Quote ---
Where have you read that?
#Post#: 46287--------------------------------------------------
Re: Examples of successful exceptional hardship pleas that only
affected the driver
DIR By: Demio323
Date: November 19, 2024, 4:21 pm
---------------------------------------------------------
--- Quote from: Southpaw82 link ---
>
> [quote author=Demio323 link=topic=3957.msg46278#msg46278
date=1732053356]
> [quote author=andy_foster link=topic=3957.msg46275#msg46275
date=1732052925] I keep reading about how courts tend to look
unfavourably on "exceptional hardship" only applying to the
driver.
>
--- End Quote ---
Where have you read that?
[/quote]
[/quote]
Sorry, poorly worded. I've read that EH caused to third parties
(family members etc) carries more weight in an appeal than EH
endured exclusively by the driver (potential loss of employment
etc) given that the latter is, for many people, a natural
consequence of a driving ban and forms part of the deterrent
effect. So "less favourably" is perhaps more accurate.
#Post#: 46335--------------------------------------------------
Re: Examples of successful exceptional hardship pleas that only
affected the driver
DIR By: BertB
Date: November 20, 2024, 4:57 am
---------------------------------------------------------
As you've probably seen, rehashed articles were recently doing
the rounds about drivers still on the roads with 100+ points on
their licence, etc. There are personal EH arguments that can be
made (if they actually exist) that could be successful, but we
have no idea if any would apply to you without knowing what is
on your mind.
#Post#: 46342--------------------------------------------------
Re: Examples of successful exceptional hardship pleas that only
affected the driver
DIR By: 666
Date: November 20, 2024, 5:54 am
---------------------------------------------------------
--- Quote from: Demio323 link ---
>
> [quote author=Southpaw82 link=topic=3957.msg46286#msg46286
date=1732054466]
> [quote author=Demio323 link=topic=3957.msg46278#msg46278
date=1732053356]
> [quote author=andy_foster link=topic=3957.msg46275#msg46275
date=1732052925] I keep reading about how courts tend to look
unfavourably on "exceptional hardship" only applying to the
driver.
>
--- End Quote ---
Where have you read that?
[/quote]
[/quote]
Sorry, poorly worded. I've read that EH caused to third parties
(family members etc) carries more weight in an appeal than EH
endured exclusively by the driver (potential loss of employment
etc) given that the latter is, for many people, a natural
consequence of a driving ban and forms part of the deterrent
effect. So "less favourably" is perhaps more accurate.
[/quote]
The sentencing guidelines actually say "Almost every
disqualification entails hardship for the person disqualified
and their immediate family. This is part of the deterrent
objective of the provisions combined with the preventative
effect of the order not to drive."
The full guidelines are here
HTML https://www.sentencingcouncil.org.uk/explanatory-material/magistrates-court/item/road-traffic-offences-disqualification/3-totting-up-disqualification/
#Post#: 46417--------------------------------------------------
Re: Examples of successful exceptional hardship pleas that only
affected the driver
DIR By: NewJudge
Date: November 20, 2024, 4:08 pm
---------------------------------------------------------
There is no definitive answer to your question.
Arguments relating only to the driver often succeed; those
relating to the driver and/or others often fail. This is because
every case turns on its merits and no two cases are likely to be
identical. There is an added complication in that an EH argument
could be made to one Bench and be successful and the identical
argument could be put to a different Bench and fail.
As a result, there are no lists of things that might succeed or
will probably fail. It is true that, anecdotally, hardship
visited on innocent parties seems likely to be met with more
sympathy than that which only the driver will have to endure.
But it is only one aspect of quite a complex balancing exercise
which magistrates undertake when hearing EH arguments.
A few years ago it was felt by those whose job it is to worry
about such things, that too many EH arguments were succeeding.
The stock advice down the pub was "Just tell 'em you'll lose
your job - they won't ban you." And that wasn't too far from the
truth. So the latest guidance was published to remind
magistrates that the word "exceptional" went along with the
"hardship".
#Post#: 46423--------------------------------------------------
Re: Examples of successful exceptional hardship pleas that only
affected the driver
DIR By: Demio323
Date: November 20, 2024, 5:03 pm
---------------------------------------------------------
--- Quote from: NewJudge link ---
>
> There is no definitive answer to your question.
>
> Arguments relating only to the driver often succeed; those
relating to the driver and/or others often fail. This is because
every case turns on its merits and no two cases are likely to be
identical. There is an added complication in that an EH argument
could be made to one Bench and be successful and the identical
argument could be put to a different Bench and fail.
>
> As a result, there are no lists of things that might succeed
or will probably fail. It is true that, anecdotally, hardship
visited on innocent parties seems likely to be met with more
sympathy than that which only the driver will have to endure.
But it is only one aspect of quite a complex balancing exercise
which magistrates undertake when hearing EH arguments.
>
> A few years ago it was felt by those whose job it is to worry
about such things, that too many EH arguments were succeeding.
The stock advice down the pub was "Just tell 'em you'll lose
your job - they won't ban you." And that wasn't too far from the
truth. So the latest guidance was published to remind
magistrates that the word "exceptional" went along with the
"hardship".
>
--- End Quote ---
This is the crux of it - I had (evidently wrongly) reached the
conclusion that nowadays an EH plea would be very unlikely to
succeed unless hardship to others could be demonstrated. Sounds
like that's not necessarily the case.
That's why I asked the question initially: because I thought it
was such a rare occurrence (EH with no hardship to others), I
was interested in reading what the circumstances could possibly
be that would lead a judge to accept the plea. Seems like a
strange request now given that it's apparently not as rare I
thought. ;D
Thanks for the info NJ.
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