…generally is it best to go to court to explain the hardship or does a well crafted written explanation…
You will be required to attend court for two reasons:
1. The court will not disqualify you in your absence without first giving you the opportunity to attend.
2. If you make an exceptional hardship (EH) argument you will be required to give evidence of that hardship under oath or affirmation.
You haven’t given us too much detail to go on but since the two offences were in separate areas there is something you need to beware of. If either of the offences is serious enough to see six points imposed (and so trigger a totting up ban) you do not want to have that heard, make a successful EH argument and avoid a ban, only to then be brought to court for the second. If you avoid a ban, the points remain on your licence and when you attend for the second offence you will face a totting up ban again. You cannot make a second EH argument, using the same reasons, within three years of the first. Ideally you need to arrange to have both charges heard at the same time.
Here is the guidance which Magistrates use when considering 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.So, having considered that, what hardship which is “exceptional” will you or others suffer if you are banned?
