Loss of driving licence is, for many of us, nothing short of a catastrophe. Clearly, the consequences of a driving disqualification can be severe and far reaching. Of course, persons in this position are at risk of losing their job; if they lose their job then they could lose their home as they would not be able to afford their mortgage and/or rent; and this would adversely affect the persons family.
Although those committing offences resulting in the endorsement of 12 or more points on their driving licence for offences committed within 3 years of each other are liable to be disqualified for a minimum period of 6 months this is by no means inevitable. There is a discretion within the court, in certain circumstances, to disqualify for a shorter period or not at all.
How to avoid a disqualification………….
The law allows a defendant, or his advocate, to submit that ‘exceptional hardship’ would ensue were the Defendant to be disqualified. If the court finds this to be the case, then there is a discretion either not to disqualify at all or to disqualify for a reduced period. Defendants should bear in mind that the onus of proving that ‘exceptional hardship’ would ensue is upon them as it is a claim made by the defence to mitigate the penalty the burden of proving it is upon the defence. Defendants would be well advised to prepare documentary bundles for the court in support of their contentions as well as to be ready to give evidence on their own behalf. This could well involve being questioned by the court legal advisor or the prosecutor. Submissions and evidence should, therefore, be meticulously prepared.
What types of factors are likely to be taken into account?
The courts are mindful of the fact that for a defendant to find themselves in such a position they are something of a serial offender. Guidance from reported cases is to the effect that, for example, even loss of a job, on its own, may not amount to exceptional hardship. Why? Simply because many people are at risk of losing their jobs if they lose their licence. In other words, loss of job is not of itself necessarily to be regarded as ‘exceptional’ as many would suffer in such a way if they were to lose their licences. That is not to say that loss of job is not capable of being regarded as a relevant and important factor in such a case. Whether or not the court sees it as such is a matter of fact and degree. It is well established that the courts do pay more regard to hardship that would be suffered by innocent victims. So, for example, if an elderly mother were dependent on her defendant son’s income to house her, but, that income would be lost if her son were to be disqualified, then that could, very probably, be regarded as a persuasive factor in determining whether exceptional hardship had been made out. Similarly, if a defendant employed others who would lose their jobs if he were disqualified then this, too, could very likely be considered a weighty factor. Case law illustrates that the class of factors that can be taken into account ranges widely and is not closed. Each case turns on its own facts.
How can we help you?
If you are at risk of receiving 12 or more points on your licence, our Newport road traffic offence solicitors are on hand to lend practical support and guidance.
Give us a call at our offices in Newport or fill in our simple online enquiry form, and a member of our team will be in touch in due course
