Blog
No Royal Pardon
Edward Fitzalan-Howard, the 18th Duke of Norfolk, was recently banned from driving for six months, despite claiming he needed his licence to arrange the King’s upcoming coronation. In light of this we discuss how special reasons and exceptional hardship can be used to avoid disqualification from driving or your licence being endorsed with penalty points.
The Duke of Norfolk was caught using his mobile phone while driving, an offence which he admitted in the Magistrates’ Court. He already had 9 points on his licence meaning that a compulsory endorsement of 6 points would lead to a ban. However, the Duke had hoped to avoid this by claiming “exceptional hardship” due to the nature of his responsibilities. The court accepted that this was a unique case due to his role in society. However in imposing disqualification ruled that the hardship faced must be exceptional and not merely an inconvenience.
How can you avoid disqualification?
One of the most common driving disqualifications is the “totting up” ban which occurs when a driver attracts 12 points on their DVLA licence. In most cases this will be a 6 month ban, however a second totting up ban within 3 years can lead to a 12 month driving disqualification. This can be avoided if the court is persuaded that due to a special reason or exceptional hardship a driver should be disqualified for a shorter time period or in some cases, not at all.
Special Reasons
Special reasons can be described as a mitigating or extenuating circumstances relating to the commission of the offence, which do not amount to a legal defence of the charge but the Court should take into account. Put plainly, special reasons are found in cases where someone has technically broken the law but in the particular circumstances it would be unjust to impose punishment. Common examples are medical emergencies, driving under police instruction, shortness of journey or fleeing violence or danger.
Exceptional Hardship
As evidenced in the Duke of Norfolk’s case, exceptional hardship can be applied to totting up bans in order to avoid disqualification. If it is established that a person would suffer exceptional hardship from losing their licence then the court may refrain from disqualifying the driver. In this case the points would still be applied to the licence however, the disqualification would not. The Courts have often held loss of employment on it’s own is unlikely to meet the high standard required but common examples are hardship to immediate family, hardship to sick or elderly relatives, hardship to employers or employees, living in a remote location.
In the case of both special reasons and exceptional hardship there is by no means an exhaustive list and many circumstances can apply. Therefore, if you think you have an argument for special reasons or exceptional hardship to avoid disqualification from driving or your licence being endorsed get in contact with Fleming and Reid Solicitors and Notaries Public today. With over 20 years of knowledge and experience we can help save your driving licence and in doing so protect your livelihood.
Michael Gallen is a partner at Fleming and Reid.
RSS