Author Topic: Examples of successful exceptional hardship pleas that only affected the driver  (Read 2039 times)

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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).

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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?

Yes.
I am not qualified to give legal advice in the UK. While I will do my best to help you, you should not rely on my advice as if it was given by a lawyer qualified in the UK.

We apply the law to the facts and advise accordingly.

We do not provide a shopping list of purported "facts" for people to adopt.

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.

I keep reading about how courts tend to look unfavourably on "exceptional hardship" only applying to the driver.

Where have you read that?
I am not qualified to give legal advice in the UK. While I will do my best to help you, you should not rely on my advice as if it was given by a lawyer qualified in the UK.

I keep reading about how courts tend to look unfavourably on "exceptional hardship" only applying to the driver.

Where have you read that?

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.

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.

I keep reading about how courts tend to look unfavourably on "exceptional hardship" only applying to the driver.

Where have you read that?

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.

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 https://www.sentencingcouncil.org.uk/explanatory-material/magistrates-court/item/road-traffic-offences-disqualification/3-totting-up-disqualification/

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".

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".

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.