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Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
1) Yes - they would read mitigation before sentrnce
2) You would have to bring supporting evidence at the hearing
You would be asked questions by the Prosecutor then the Judge would make up his/her mind
You will need others who support you to give evidence as well
You can't just get them to provide written statements, they must also attend
Can I clarify anything for you about this today please?
My father is disabled how would he be able to attend ? i look after him and he is dependent on me, i have a doctors letter that explains his disability and letter from my father also. I will not be driving to court in case i do get disqualified, so the excess public transportation for my father is no good for his back due to the long journey from london to oxford.
plus confirmation from the job seekers allowance that confirms his Disability and that he is under the higher rate disability rate.
my mum is seeing my sister at the nursing home because she is disabled vegetative state due to a car crash, i think you already know about this. she also wrote me a letter also.
Yes whoever is supporting you can attend.
But if you want someone to give evidence then they must attend.
Does that help?
no im confused as to what you mean? ... so my father who is disabled and my reason for exceptional hard ship has to attend court with me ?
cant the court acknowledge the fact that this is a disabled man ? that cannot travel that far from london to oxford my .. i already have a letter from my dad and his doctor .
If you want every chance of exceptional hardship he must attend
If he does not you have a weak case.
There is no evidence to say he exists and he needs help
He needs to be questioned by the Court to count as evidence.
If you do not take him - your claim for hardship will fail
A letter from the NHS hospital and him and his doctor confirming that he cannot attend due to the travel. . How would the court not accept that as evidence.
Because he can not be cross examined by the Prosecutor.
I can only tell you what the law is
He goes - you can claim hardship
He does not go - you are likely to lose
It is a matter for you
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ok then that's not the only exceptional hardship. but one in reference to my self. If i get disqualified then i face dismissal from my university for non attending , and my reason for non attending is because i live in Hertfordshire and i commute to university of surrey. I already have confirmation letters of the rules and regulations that non attending would result in a dismissal from the university and that my circumstance for disqualification is not recognized as a excenting circumstance from the university.i attend 5 days a week travelling by car, and public transportation would cost me by train at peak fairs £35 a day which i do not have as i do not because i have university. and the fact that i have to leave for emergency for my father to go to london would cost me a further £15 for a separate ticket. so in essence of £200 a week would be spent on travel that i cannot afford. Therefore wouldn't this be considered as exceptional hardship because i would be dismissed from my university if i dont attend. i will be providing a confirmation of my registration from the university with confirmation of my days. and a letter from registry confirming the dismissal for non attendance and copy of the regulation that state that.
this is on behalf of me. would this be considered as exceptional hardship ?.
It makes no difference whether you would be dismissed.
Case law shows that a taxi driver who does it for a living failed claiming exceptional hardship.
So if you get dismissed, that is not exceptional
so what would the courts reason and prosecutors argument be to the fact that i face dismissal from the university and that they have my financial information which i provided in the post. whats their counter argument and im sorry i didn't understand the taxi driver example what was his hardship reason ?.
Its not for the Court to prove against exceptional hardship - it is for YOU to prove that it is
I am saying losing your job is not exceptional. Its just hardship.
I would suggest you get legal representation for your argument.
im sorry but i have just gone on the gov.uk website and it states on the exceptional hardship section that a loss of employment is considered as an exceptional hardship, argument. so i am really confused here to be honest.
If as a result of a conviction you will accumulate 12 penalty points or more, we can make arguments to the court that you should not be disqualified or should be disqualified for a shorter period as a disqualification would result in “exceptional hardship”.
By thorough preparation of your case, our experience and expertise, we can persuade the court that the loss of your license would cause Exceptional Hardship. This exceptional hardship may include a number of circumstances:
thats what was in the gov website so to be honest what do i do here
I am telling you CASE LAW is against you.
This shows, that a taxi driver who was employed and lost is job did NOT qualify as exceptional hardship.
This is case law - so cases that have gone before the Court
If you are not happy with what I am telling you I will opt out
its not about me being un happy im trying to establish an understanding and your doing a good job if you feel that im not happy or if im causing you inconvenience then i apologise
Is there anything else you want to ask?
In any event I suggest you have a Solicitor represent you at Court to advance your argument
my court date is tomorrow so i dont think there is enough time for a legal representative. do you have any link that would help me in terms of what you said about the witnesses being present if i have presented evidence in reference to them. in this case being my father. id just like to get a bit more understanding on as i have tried researching so much on it for past 3 weeks and never came across it in books and online research if its possible please.
Yes it needs to be that, exceptional hardship, not just hardship
Can I clarify anything else?
ok and finally . could you give me an example of exceptional hardship that was granted to a person who totted up and what was the process they took for it to be granted if you have any examples please ? maybe based on case law or from your own experience in representing someone.
I can only tell you it must be exceptional.
I can not coach you on what to say, it would be unethical of me
You need to present your case and see if the Court believe you.
Of course it would have been ideal if you had arranged for representation some time ago
All I can say is generally it is exceptional for others who rely on you that would suffer
yes my father would suffer this is what im not understanding,. if there is physical documented evidence from the doctor stating that my father cannot attend court because of the journey that would cause excruciating pain and prove that im his confirmation and me saying this to the court. then the basis of that not being accepted because he is not present really baffles me to be honest ?. there is also letters from my dad confirming what i do for him i.e. interms of travel to and from hospital appointments and to be honest i am representing myself so i will also be saying all this by mouth. i dont understand how the profession of a doctor who has confirmed via a letter that my father cannot travel. Then how is the court or prosecutor in his rightness to question the medical profession and recommendation from the doctor that my father cannot travel to court.
Because the Prosecutor is unable to cross examine the witness. The Prosecutor has the right to challenge what you say
See my reply at 10.40pm
i would of assumed they would just challenge me by without cross examining a person who physically cannot attend due to the journey . so they would cross examine my father to check if i really do look after him or not ? .. has there been any one who has gone to court alone and won the right of an exceptional hardship without no witnesses if you know ?
Yes they have
But you are more likely to win with a witness
honestly based on your experience i will be going alone and i will bring my letters from the doctor in reference to my father and basically i willl say all this in person to the panel. what do you think my chances are alex honestly ? is there anything you could recommend besides my father being present and a legal representative.. that i could do to make my case stronger for a better chance of winning. ?
You have a chance, all I am saying it is stronger with witness attendance.
ok thanks. do you think its best i talk about my university dismissal or no ? i have evidence for it , do you think i should i present that or no
You can say about it, but I do not think that would convince the Court one way or another
i won my case !! the court accepted exceptional hardship without my father being present !! :) and i have been disqualified from driving for 14 days ! :) and receive my licence back with no points ! they praised me for present such a good case and load of evidence to support my hardship that its rare they see this in reference to my age and without a lawyer to present me ! :)
so all is good ! :) so happy thanks for all your help !