sympathy today but the court will take into account the inability of
the accused to meet his debts when determining whether
exceptional hardship has been established (Allan v Barclay, supra). If
a driving ban means that the accused will default on significant
debts, such as business or personal loans - and the accused can
prove the existence of these loans with appropriate documentation
- then this factor will be taken into account.
location:
s u b s i d i a r y c a u s e o f
e x c e p t i o n a l h a r d s h i p .
However, the remote location
may mean that the driver
c a n n o t c o n t i n u e i n
employment as he cannot get
to work. Accordingly, there may be potential difficulties regarding
his mortgage which could give rise to exceptional hardship. If the
driver has children, there may be insurmountable difficulties, for
example, in taking and collecting the children from school. Again
this gives one possible ground for exceptional hardship.