The burden and standard of proof in exceptional hardship cases

You must prove, on a balance of probabilities, that there would be “exceptional hardship” if disqualified from driving.

You will be required to take an oath (or affirmation) and speak about your circumstances.

It is your responsibility to provide the court with evidence to support your case.

Almost every disqualification involves hardship for the defendant and the defendant’s immediate family.

Hardship or inconvenience is not exceptional hardship.

Loss of employment is not itself sufficient to demonstrate exceptional hardship. 

Whether loss of employment amounts to exceptional hardship will depend on your circumstances and the consequences for you or other people.

You will be asked about alternative means of transport. 

If the court finds exceptional hardship then it has a discretion to order no disqualification or disqualify for less than the minimum period.

If the court does not find exceptional hardship then it must disqualify the defendant for at least 6 months.

Source: Sentencing Council guideline