Exceptional Hardship/Totting-Up, Stirling, 12 June 2017, licence saved
Our client had accumulated 12 points on her driving licence in a 3-year period. This meant that she faced a 6-month totting up ban unless we could establish exceptional hardship in terms of Section 35 of the Road Traffic (Offenders) Act 1988.
Exceptional hardship can arise for numerous reason but the general rule of thumb is that there usually needs to be hardship to someone other than the accused person. A simple example would be is that it is NOT exceptional hardship if an accused will lose their job (or even their home) if they lose their licence. However if someone else was to lose their job as a result of the accused losing their licence, that may amount to exceptional hardship.
In this case we were able to establish that the accused’s children would suffer if the accused lost her licence. Without going into detail, the children had severe mental health problems which meant that a set routine was vitally important. If our client lost the right to drive, it would be impossible to maintain that routine.
This case was prepared and conducted by Steven Farmer at Stirling Justice of the Peace Court on 12 June 2017.