The totting up system will influence your driving ban. For instance, if you (the driver) get more than 12 penalty points in a 3 year period, you will be sent to court—where you might be automatically disqualified from driving. In court, you have the opportunity to make a plea. The plea you make is based on the fact that it (i.e. the ban) might expose you to exceptional hardship. So, what is exceptional hardship? Well, this article is going to walk you through the topic—giving you important insights as far as exceptional hardship is concerned. Keep reading!
Why Take a Plea Based On Exceptional Hardship
Taking a plea against a driving ban based on exceptional hardship is meant to persuade the court that the punishment n question is hash—if the circumstances are anything to go by.
Disqualification Exceptional Hardship
In simple terms, an exceptional hardship entails the plea you submit in court trying to persuade the court that the punishment is harsh. It is meant to help you (the defendant) retain your driving license. So, after totting more than 12 points based on the totting system, you can make a plea in court for the retention of your driving license.
Information Contained In a Plea
In the plea, you will provide convincing information that seeks to explain the impact of the driving ban on your life. In the plea, you will have to show that the impact will be extreme and devastating as far as your life is concerned.
The court has the obligation to consider all your submissions—including the circumstances, type of your driving license, and the impact of the ban on your life—before making a formal determination. Thus, the court will establish the severity and implications of the ban. Also, the court may decide to disqualify your driving license or set you free based on exceptional hardship.
Successful Submission
Successful submission is when the court has been convinced that the circumstances of exceptional hardship are sufficient not to impose the ban on you.
Qualification
The following are qualifications of exceptional hardship under the tott9ing up ban:
- You must have a full, certified driving license
- The driving license must have accumulated more than 12 penalty points in the past 3 years
- You must be willing to attend all court hearings
Common Arguments under Exceptional Hardship
You need to consider several aspects of your case to be successful. The court will consider the following aspects when determining your plea based on exceptional hardship
Loss of job – You can look for evidence that shows that a driving ban will severely affect your career. However, this argument must be supported by other aspects. It cannot stand alone.
Financial hardship –The loss of employment trends to lead to financial hardship. Thus, you can support your plea with this point.
Other Employee’s Job Stability—if you are a manager, you can argue that the ban may lead to job instability on the side of your employees. Managers and business owners can also use this point to argue against the ban.
Important Career—if you are a doctor, you can try to persuade the court that your career is so important to others than a ban in driving license might affect other people’s lives.
Mobility restriction –If you are suffering from severe health problems, use this point to defend yourself against the ban.
The Bottom-Line
The above information contains essential information concerning exceptional hardship and the totting up system. So, if you want to take a plea against a driving ban, read it and know how to present your facts in court.
