Exceptional Hardship
Exceptional hardship.
What the court is really looking for.
Most exceptional hardship arguments fail, and they fail for the same reason: they describe inconvenience rather than hardship, and they are not supported by evidence. Prepared properly, the argument is a strong one.
At a glance
s.35 RTOA 1988The legal framework
The headline reference for this service is s.35 RTOA 1988. After reviewing the facts and the procedural history of your case, I will identify the legislation and caselaw that apply to your case.
What makes an argument succeed
Clarity first.
Then light at the end of the tunnel
The test is not whether a ban would be difficult. It is whether the consequences go beyond what any driver would suffer.
- Hardship to other people
- The most persuasive arguments show real consequences for employees, family members, patients or clients who depend on you.
- Loss of employment
- Losing a job is not automatically exceptional. The argument is about what follows from it, and for whom.
- Documented evidence
- Employment contracts, accounts, care arrangements and medical letters carry weight where assertions do not.
- Witnesses who attend
- An employer or dependant who comes to court and answers questions is worth a great deal more than a letter.
- Alternatives considered
- The court will ask whether public transport, taxis or another driver could meet the need. Have the answer ready.
Sentencing and possible outcomes
The court has the power to dispose of cases in multiple ways. The following are a breakdown of most disposal options and what they mean.
| Potential outcome | What this means |
|---|---|
| Avoids the ban if accepted | Points remain on the licence |
| 6-month ban if refused | Imposed the same day |
| Usually once in 3 years | The same grounds cannot be repeated |
What to share with me
- Any notice, letter or charge paperwork you have received
- The dates and location of any hearing or interview
- Your account of what happened and any supporting documents
- Photographs, messages, receipts, witness details or other material that may support your account
- Details of your driving record and how a conviction or disqualification would affect other people
- Your main concerns and the questions you want answered
Personal representation
When you instruct me, you deal directly with me. I will ensure that you clearly understand the proposed work and what it will cost.
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