Avoid A Totting Up Ban (Scotland) Page 25

Chapter Four

EVIDENCE OF EXCEPTIONAL

HARDSHIP

Persons seeking to persuade the court that a driving ban would
cause exceptional hardship must lead evidence to that effect. This
is known as the burden of proof.

There is no evidential burden upon the Crown to prove that
exceptional hardship does not exist. The onus of proof is entirely
upon the driver. Unlike in criminal cases, however, where the
Crown must prove the guilt of the accused beyond a reasonable
doubt, the standard of proof in exceptional hardship cases is on the
balance of probabilities.

There can be several different sources of evidence in an
exceptional hardship case. This chapter shall outline the main
sources. These are:

· Sworn witness testimony

· Sworn affidavits

· Signed letters

· Other documentary evidence

· Legal submissions