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DIR Return to: Speeding and other criminal offences
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#Post#: 69223--------------------------------------------------
Exceptional hardship chances?
DIR By: Andyp1968
Date: April 29, 2025, 10:17 am
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Posting for friend (genuinely - she has inattentive adhd and
gets overwhelmed by too much information!)
She had 6 points already on her license and then got caught
twice within 24 hours doing 25 and 30 mph in an average speed
check area for a 20mph zone in south wales. She had experienced
a relationship break up on the day of the first offence and so
her concentration levels were not what they should have been.
She is a vet who works across 2 practices, one that is a few
miles away but another which is approx 35 mins drive with no
realistic public transport options. She also performs locum work
in other practices which can be anywhere in the south wales
area.
She is a single parent with two young children (8 and 11) and
they rely on her for all transport.
Losing her job (which is a real possibility given the struggle
she would have with rural public transport) would probably mean
the loss of her home too eventually. So would this fact, plus
her children’s reliance plus the fact her job provides a service
to the community give her any grounds as a defence? I also
wondered if the close proximity time wise of the two offences
could give argument that she did not have the usual opportunity
to further modify her driving behaviour once she had reached 9
points as most do?
Thanks in advance for any responses
#Post#: 69231--------------------------------------------------
Re: Exceptional hardship chances?
DIR By: NewJudge
Date: April 29, 2025, 11:08 am
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I also wondered if the close proximity time wise of the two
offences could give argument that she did not have the usual
opportunity to further modify her driving behaviour once she had
reached 9 points as most do?
No. Competent drivers are expected to know the law and not have
it pointed ut to them by the imposition of points after they
have committed offences. The logical conclusion to that argument
would be that it is OK to speed when you have three points, but
not so when you have nine.
In any case, how the points were accumulated must have not
bearing on an EH argument. She has he basis for a successful
argument but she will have o satisfy the court that she has
explored all alternative options to overcome her problems which
do not involve driving, and explain why she has found them
impossible/impractical or whatever.
She should also bear in mind that if her argument is successful
she will leave the court with twelve points and she cannot make
another EH argument using the same reasons within three years.
Here's the guidance which Magistrates use when hearing an EH
argument.
When considering whether there are grounds to reduce or avoid a
totting up disqualification the court should have regard to the
following:
It is for the offender to prove to the civil standard of proof
that such grounds exist. Other than very exceptionally, this
will require evidence from the offender, and where such evidence
is given, it must be sworn.
Where it is asserted that hardship would be caused, the court
must be satisfied that it is not merely inconvenience, or
hardship, but exceptional hardship for which the court must have
evidence;
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.
If a motorist continues to offend after becoming aware of the
risk to their licence of further penalty points, the court can
take this circumstance into account.
Courts should be cautious before accepting assertions of
exceptional hardship without evidence that alternatives
(including alternative means of transport) for avoiding
exceptional hardship are not viable;
Loss of employment will be an inevitable consequence of a
driving ban for many people. Evidence that loss of employment
would follow from disqualification is not in itself sufficient
to demonstrate exceptional hardship; whether or not it does will
depend on the circumstances of the offender and the consequences
of that loss of employment on the offender and/or others.
#Post#: 69252--------------------------------------------------
Re: Exceptional hardship chances?
DIR By: Andyp1968
Date: April 29, 2025, 1:05 pm
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Thank you for your response and see you point about the time
between the offences being no excuse.
So really she needs to gather evidence of things like the fact
her days in the further practice would probably involve 90 mins
of travel each way and there is no way she could organise
childcare that would suffice even if she put them in after
school ckub? Her parents aren’t well enough to help with
childcare and her ex is a firefighter so cannot do the school
run on certain days.
#Post#: 70579--------------------------------------------------
Re: Exceptional hardship chances?
DIR By: Andyp1968
Date: May 8, 2025, 1:04 pm
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Just a quick question but should she just fill the form in with
a guilty plea and request a court date? Not add anything in the
additional information section at this point?
#Post#: 70625--------------------------------------------------
Re: Exceptional hardship chances?
DIR By: Freecall
Date: May 9, 2025, 4:08 am
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Yes, there is no need to do anything else at this stage, all you
are doing is making sure that it goes to open court rather than
SJP.
The court will list it either for a GAP (Guilty Anticipated
Plea) court or a specialist traffic court depending on local
practice. There you will once again be asked to formally enter
your plea in open court.
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