Totting up

Our experienced and outstanding solicitors specialise in totting up driving ban cases, representing clients with 12 or more points on their licence.

According to the Road Traffic Offenders Act 1988, accumulating 12 points within three years can lead to a minimum six-month disqualification. With our expert guidance, clients can potentially avoid a totting up disqualification by demonstrating exceptional hardship to the court.

A totting-up driving ban occurs when a motorist amasses 12 or more penalty points on their licence. For example, if a driver has 9 points and commits an offence resulting in 3 more, totalling 12, they face a totting-up ban. This is sometimes referred to as being a ‘totter’.

Arguing exceptional hardship requires demonstrating genuinely extraordinary circumstances to the court. While typical hardships or offence-related factors won’t suffice, factors like loss of employment’s impact on the defendant and others can qualify. Our team thoroughly investigates each case to present compelling arguments to help.

An important fact which many do not realise is that it is the date of the offences which are relevant for the 3 year span and not the date of conviction or sentencing.

Facing 12 points on your licence

Most driving offence convictions will result in the court endorsing your driving record with penalty points when you are sentenced. The number of penalty points and the length of time for which the points will remain on your driving record will vary depending on the offence committed and the court’s ruling.

Endorsements on your licence can last between 4 – 11 years but most importantly if you accumulate over 12 points on your licence over a 3-year period as indicated above you will receive a disqualification from driving. The length of the disqualification will depend on your driving history but any disqualifications imposed that are greater than 56 days will require you to re-apply for your driving licence after the period of disqualification has concluded.

New drivers

For new drivers your licence will be revoked if you accumulate more than 6 points on your licence within 2 years from the date of passing your test. Points received on your provisional licence will contribute towards a Totting up of points unless they have expired.

If you’re in your probationary period and receive a court summons or a fixed penalty offer, contact our specialist totting up solicitors for advice. With a proven track record of securing short discretionary bans instead of penalty points, we’re here to help. Our team of expert motoring solicitors provides honest legal advice to achieve the best outcome if you’re facing disqualification or revocation.

Totting Up FAQs

What is totting up?

Totting up refers to the accumulation of penalty points on a driving licence over a specific period, usually three years. When a driver amasses 12 or more points within this timeframe, they face disqualification under the totting up provisions.

What happens if I accumulate 12 or more points on my licence?

If you accumulate 12 or more points on your licence within a three-year period, you are liable for disqualification for a minimum of six months, according to the totting up provisions outlined in the Road Traffic Offenders Act 1988.

Can I avoid a totting up disqualification?

It may be possible to avoid a totting up disqualification by demonstrating exceptional hardship to the court. This requires presenting genuinely extraordinary circumstances that justify an alternative outcome.

What is exceptional hardship?

Exceptional hardship refers to circumstances beyond the typical inconvenience or impact of a driving ban. It could include factors such as loss of employment, affecting both the individual and innocent third parties. However, proving exceptional hardship can be challenging and requires careful consideration as well as expert argument in front of the court.

How can a solicitor help with totting up cases?

Specialist totting up solicitors have extensive experience in handling these cases. They can provide expert legal advice, gather evidence to support your case, and represent you in court. With their guidance, you can navigate the legal process effectively and work towards achieving the best possible outcome.

A disqualification by Totting Up will take place inside a courtroom and having an experienced advocate by your side will be essential to argue your case strongly.

Should I seek legal advice if facing totting up charges?

Yes, it’s essential to seek legal advice as soon as possible if you’re facing totting up charges. A qualified solicitor can assess your case, explain your legal rights, and help you understand your options for defence or mitigation.

How long do penalty points stay on my licence?

Penalty points typically stay on a driving licence for a set period, usually three to four years, depending on the offence. After this period, they are usually removed from the licence, although the offence may still be recorded on your driving record.

Can I challenge the validity of penalty points on my licence?

Yes, you can challenge the validity of penalty points if you believe they have been incorrectly applied. A solicitor can assist you in gathering evidence and presenting your case effectively to challenge the points.

Get in touch

Speak to one of our expert motoring law solicitors now – call 01245 343971 or email drivingenq@gepp.co.uk.

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Totting Up