Exceptional Hardship
Exceptional Hardship does not mean the hardship and inconvenience disqualification will cause to the driver. Everyone who is disqualified suffers hardship and inconvenience. The hardship must be to others, ie. employees, third parties or other family members.
In order to persuade a Court not to disqualify needs not only expert advocacy but the proper presentation to the Court of the evidence upon which the driver seeks to rely.
Drivers can plead in a magistrates' court against disqualification on the grounds of 'exceptional hardship'. 'It is open for the magistrates to find on the facts of each case,' says Alastair Coggins, of law firm Gardner Leader. 'Exceptional hardship must go beyond what magistrates would reasonably expect you to suffer. Most magistrates think it's foreseeable that if you get more than 12 points and are banned, you will lose your job. So that does not on its own count as exceptional hardship, but every case is different.'