Exceptional Hardship Argument Successful Lavender Hill Magistrates Court

Our Client Avoids Driving Disqualification: A Successful Outcome at Lavender Hill Magistrate’s Court

Our client recently faced sentencing at Lavender Hill Magistrate’s Court after being charged with Driving Without Business Insurance. The court indicated that it might impose a driving disqualification. Sanjay Cholera, a partner at our firm, attended the hearing and represented our client during the proceedings.

We were required to advance an exceptional hardship argument. Under UK law, when a driver is at risk of being disqualified, the Court can consider arguments related to the hardship that such a disqualification would impose. The Court examines the overall impact on the individual’s life because of losing their driving privileges. The hardship must not be the usual difficulties one would face but the exceptional hardship. In our case, we presented a compelling argument outlining the exceptional hardship our client would face if disqualified from driving. We made it clear that disqualification would not only disrupt his professional life but would also have significant personal implications.

The key reasons that underpinned our exceptional hardship argument were the following:

Impact on Client's Business Operations: Our client is a self-employed builder, and having access to a vehicle is crucial for the operation of his business. Without a vehicle, he would not be able to travel to job sites, transport tools, or meet clients, effectively making it impossible for him to continue his work as a builder.

Geographical Scope of Work: Our client’s building contracts span across all areas of London. Due to the nature of his work, it is not feasible for him to rely on public transport, especially since he is required to transport a variety of heavy and bulky tools. Public transport would not only be inconvenient but would also pose significant logistical challenges.

Dependence on Employees: Our client employs four subcontractors, all of whom are unable to drive. Therefore, if he were to lose his driving privileges, he would face serious difficulties in managing his team and ensuring the completion of contracts on time.

Family Dependency: In addition to his work-related responsibilities, our client is the sole driver in his household, as his wife does not drive. Therefore, disqualification would create a further strain on the family’s ability to manage daily activities, including childcare and other essential tasks that require transportation.

Sole Breadwinner: Our client is the sole breadwinner in his family, supporting not only his immediate household, but also other dependents. A disqualification from driving would severely hinder his ability to earn a living, causing financial hardship for his entire family.

Childcare Commitments: Our client is also responsible for taking his child to school four times a month. The school is located a significant distance from their home, and driving is the only practical means of transport. Furthermore, the school provides specialised education in Ukrainian literacy, an essential skill for our client’s child, meaning the drive is necessary for maintaining this educational opportunity.

To support these arguments, we called one of our client’s customers as a witness. The customer confirmed that our client regularly carried out building work on his properties across London.

After considering these points, the Magistrates agreed that our client would indeed suffer from exceptional hardship if he were disqualified from driving. The court acknowledged the significant personal and financial impacts such a decision would have on both our client and his family. As a result, the Magistrates decided not to disqualify our client from driving. Instead, he was issued with six penalty points on his driving license and a fine.

This outcome came as a relief for our client, as it allowed him to continue growing his business and his family.

If you have been arrested and charged with a road traffic offence or wish to advance exceptional hardship to avoid a driving ban. JD Spicer Zeb can act on a fixed fee basis usually in London in most cases from £1,500 plus VAT

Included in the fee -

• Reading evidence
• Taking your instructions or statement
• Attending/preparation virtually or in person as agreed or necessary
• Advice on likely sentence
• Attendance and representation at the Magistrates Court on one occasion as agreed
• Advising you on your plea at court and credit
• Advising you on the strengths and weaknesses of your case
• Advising you on available defences, and the likely prospect of success at trial if pursued
• Advice on likely sentence and your mitigation
• Advice on court costs 

This is to include an experienced advocate or barrister to represent you at court for up to a half-day hearing. Most cases will not take longer than half a day of a lawyer's time including travel, awaiting, and representing you at court.

We will undertake work which includes letters, telephone calls, and emails which are all time charged at a minimum of 6 minutes each unless greater time is incurred plus preparation and attendance up to the maximum number of hours agreed in the fixed fee with us

call 0207 624 7771 or email Solicitors@jdspicer.co.uk for a fast response. We strongly encourage you to reach out to us for legal support. Our experienced team is here to guide you through the legal process and work on achieving the best possible outcome for your case. You can contact us by phone or email for a confidential consultation.