Exceptional Hardship and Totting up
James Murray Solicitors specialise in exceptional hardship cases
When you accumulate 12 or more penalty points on your driving licence you will find yourself before the Magistrates Court and liable to receive a MINIMUM disqualification of six months. This is known in the trade as a “ totting disqualification”
The Court will disqualify you, unless you can prove “ EXCEPTIONAL HARDSHIP”
There is no precise definition of Exceptional Hardship but you can use your exceptional hardship or that of your family, your employer or employees.
You may face the prospect of redundancy if you are disqualified, you may not be able to afford those mortgage repayments or your business may fail causing you to make redundant a number of members of staff.
Due to there being no precise definition of the term “ Exceptional Hardship”, the list is not exhaustive. Here are a few useful tips to help you.
- The burden of proof is on the defendant to prove exceptional hardship
- The defendant will have to give evidence at that hearing to prove their case
- The application must be backed up with evidence supporting the exceptional hardship theory
- The defendant will be cross examined by the Court and their argument thoroughly tested.
At James Murray Solicitors we specialise in representing the motorist who is liable to receive a totting disqualification but who wishes to put forward an exceptional hardship argument.
This firm has a dedicated motoring department headed by partner, Mark Ellis who will oversee your case from start to finish. As a former prosecutor in such cases Mark has some twenty years of advocacy experience both in the Magistrates and Crown Courts
We pride ourselves on providing the very highest quality of service for the most competitive prices.
What will we do for you?
As soon as you instruct us, we shall arrange for you to discuss your case with partner, Mark Ellis.
We will test your argument before it goes anywhere near the court room
We will advise you as to what evidence will be required in your case and we will interview and take statements from all of the witnesses in your case.
We have the knowhow to understand what types of arguments succeed in court
Our fixed fee policy gives you peace of mind, there are no hidden charges
For that fee, it entitles you to unlimited access to Mark Ellis and his team, for the full preparation of your case and for the representation in court.
What do you do now?
Arrange a free telephone consultation today. Call James Murray Solicitors on 0151 933 33 33.