Exceptional hardship or mere inconvenience?

The chances of being disqualified from driving, either due to an isolated serious offence or, more likely, for a series of minor offences is increasing. Twenty six thousand people found themselves in that situation in 2006. The number of speed cameras is increasing, making is simply more likely that if you still chose to speed, you will be caught. The minimum disqualification for such a "totting" disqualification is six months.

The effects of any disqualification are significant for individuals and employers. Individuals face financial hardship if they lose their job as a result of the disqualification. Companies will have to replace a valuable resource, particularly if the employee has a unique skill set and will have to invest time and money to do so.

In this situation, the Magistrates Court might be persuaded to exercise its discretion to reduce or to not impose the disqualification. The Court must be satisfied that the individual will suffer an "exceptional hardship" if they were disqualified. What constitutes exceptional hardship is unique in each case but generally the loss of employment alone is not sufficient.

Should you find yourself in this situation, either as an individual or as an employer, contact Sara Young, an experienced Magistrates Court advocate, who will be able to advise and represent you in court. It is likely to be a worthwhile investment of time and effort if the driving licence of a valued member of staff can be saved.