Our specialist motoring law solicitors have extensive experience representing motorists facing a totting up ban after accumulating 12 or more penalty points on their driving licence.
Under the Road Traffic Offenders Act 1988, drivers who receive 12 or more penalty points within a three-year period are usually liable to a minimum six-month driving disqualification. However, in certain circumstances, it may be possible to avoid a totting up disqualification by successfully presenting an exceptional hardship argument before the court.
A totting up ban occurs when a motorist accumulates 12 or more penalty points for offences committed within a three-year period. For example, a driver with 9 existing penalty points who receives a further 3 points for a new offence will normally face disqualification under the totting up provisions.
One important point that many motorists are unaware of is that the relevant three-year period is based on the dates the offences were committed, not the dates of conviction or sentencing.
If you are facing a totting up disqualification, you may be able to avoid a driving ban by demonstrating that a disqualification would cause exceptional hardship.
The court will not usually accept arguments based solely on the inconvenience of losing a driving licence. Instead, it will consider whether a driving ban would have a genuinely severe impact on the driver or on other people who rely on them. This may include employees, family members, vulnerable relatives, customers or other third parties.
Our experienced motoring law team carefully prepares exceptional hardship applications, gathering evidence and presenting persuasive arguments to maximise the prospects of avoiding a driving ban.
Most motoring offence convictions result in penalty points being endorsed on your driving record. The number of points imposed and the length of time they remain on your licence depend on the offence committed and the sentence imposed by the court.
While endorsements can remain on a driving record for between four and eleven years, drivers who accumulate 12 or more penalty points within a three-year period will normally face disqualification under the totting up rules.
The length of the disqualification will depend on your previous driving history. Where a disqualification exceeds 56 days, you will usually need to reapply for your driving licence once the ban has ended.
Different rules apply to new drivers. If you accumulate six or more penalty points within two years of passing your driving test, your driving licence may be revoked under the New Drivers Act.
Penalty points received while driving on a provisional licence can also count towards revocation, provided they have not expired.
If you have received a court summons, Notice of Intended Prosecution or fixed penalty offer and are concerned about reaching 12 penalty points, contact our specialist totting up solicitors as soon as possible. Early legal advice can often make a significant difference to the outcome of your case.
Our expert motoring law team provides clear, practical advice and representation for drivers facing totting up disqualification, exceptional hardship hearings and driving licence revocation.
Contact Elizabeth Bradshaw on:
Call: 01206 369889 or
email: bradshawl@gepp.co.uk
Call: 01245 343971 or email: drivingenq@gepp.co.uk or request a call back.
If you want to find out more about the services we can offer you, please feel free to get in touch.
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