Totting up Investigation Solicitors. Totting up cases and the penalties

If you have accumulated penalty points for driving offences within the last three years, and are facing more points that will take you up to or beyond the 12 point limit, you are likely facing a driving ban under the ‘totting-up’ points procedure. At Brian Koffman & Co. We fully understand that losing your licence can have an enormous impact on your life and that of others.

If you rely on your vehicle for work, the additional penalty points could result in loss of earnings and affect your livelihood. However, through enlisting the services of a highly experienced motoring offence specialist, it may not come to that.

Totting up disqualification guidelines

When a driver reaches 12 or more penalty points on their licence in any 3 year period totting up disqualifications can be imposed. The Court guidelines are that an automatic 6-month driving disqualification should be given. Courts may exercise discretion and give less than 6 months, but this is only when they have been given a good enough ‘exceptional hardship’ argument. Failure to convince the Court of this means you will not be driving for 6 months.

Defending a totting-up disqualification

Before imposing a disqualification, the Court will give the motorist an opportunity to state why they should be allowed to keep their licence. They will take into account the effect a disqualification would have on the defendant, or others, their individual circumstances, and the circumstances of the offence. If the defendant can convince the Court it would cause exceptional hardship if they issued a driving ban it may be avoided. However, this is not an easy thing to do which is why we would advise motorists facing disqualification to speak to an experienced motoring offence solicitor.

Although you are able to represent yourself in court you need to be confident you are able to prepare and present your case well and meet specific legal criteria. When you face losing your licence it is always best to leave it to a motoring offence solicitor. Their experience and knowledge will ensure your case is presented in the best way possible giving you more chance of retaining your licence.

Why choose Brian Koffman & Co.

We are highly experienced in defending drivers facing disqualification through the totting up procedure and have a very high success rate in enabling our clients’ to retain their licence and remain on the road. Loss of earnings can sometimes be enough to convince the court. However, every individual case has its own circumstances and hardship to others such as dependent family members may carry more weight.

We may even be able to put forward a ‘special reasons’ argument to avoid penalty points altogether, such as if you were driving in an emergency. Just because you have reached 12 points under the totting up procedure this does not necessarily mean that the Court will disqualify you; and if there is a good reason not to, we will find it. We understand that it is not always easy to avoid penalty points, especially if your job involves high mileage driving and we will endeavour to support you in keeping your licence every step of the way.

Contact us today

If you have reached 12 penalty points within the last three years and are facing disqualification from driving, we can help. A driving ban affects your independence, your home life, and may put your job at risk if you need to be able to drive. Then there is the increased cost of driving insurance which a disqualification can affect. We can help.

Please contact Brian Koffman & Co on 0161 832 3852 for a free consultation or submit an enquiry.