Totting up Ban Solicitors - 12 Points Disqualification 

 

If you amass 12 penalty points or more on your driving licence the consequence will be a ‘Totting Up Ban’.

A Totting Up Ban is usually the result of being convicted of 3-4 minor driving offences in a 3-year timeframe. If you reach the 12-points threshold in penalty points, then you will qualify for compulsory disqualification from driving (a Totting Up Ban) for at least six months. A Totting Up Driving Ban could have serious consequences on your employment and home life.

If you have accumulated penalty points for previous driving offences within the last three years and your are now facing more points that will take you up to or beyond the 12 point limit, you face a Driving Ban under the ‘Totting-Up’ points procedure. At Motoring Offence Solicitors, we fully understand this could have an enormous impact on your life and that of others close to you.

If you rely on your vehicle for work, the additional penalty points could result in problems at work, 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.

If you already have penalty points from previous driving convictions and have just received a notice of intended prosecution regarding a new driving offence, or if you have recently been stopped by the police for a further traffic violation, we can help, talk to us today.

It is crucial that you seek immediate guidance from expert Driving Ban Solicitors. Our leading team of driving offence lawyers can best advise you on the possibility of building an  ‘Exceptional Hardship’ defence to guard against the possibility of a Totting Up Ban.

Totting Up Ban Disqualification Guidelines

As described above, if and when you reach 12 or more penalty points on your licence in any 3 year period, a Totting Up Ban 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 good reason to be lenient i.e. Where a driver or their solicitors can show that ‘Exceptional Hardship’ will be caused to the defendant as a result of being banned from driving. Failure to convince the Court of this means you will not be driving for 6 months.

Being disqualified from driving for six months is the minimum term of disqualification a driver may face if banned from driving under the Totting Up process. Driving Bans may be handed down by the courts with longer durations if the driver has been disqualified from driving in the past.

The standard terms of driving disqualification under the ‘Totting Up’ process are:

  • Six months disqualification, where the driver has not been banned in the past
  • A driving disqualification of one year, if the defendant has been previously banned during the last three-year period
  • A two-year driving ban, if the driver has already been disqualified from driving more than once in the last three year period.
 

Defending A Totting Up Ban & 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 itself. 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 as early as possible.

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.

With years of experience in helping drivers who are facing a Totting Up Ban, we will talk with you and explore your exact situation to help build an ‘Exceptional Hardship’ argument to put before the Courts.

What is an Exceptional Hardship Defence?

Exceptional Hardship is an argument that can be offered to the Courts to mitigate the consequences of facing a Totting Up Ban. In real terms, this is being able to display to the Courts that hardship of an exceptional nature will be caused by the Totting Up Ban and will therefore befall you or your dependants if you are indeed disqualified from driving. As with all criminal law defence show of meaningful remorse should work hand in hand with this argument.

Examples of Exceptional Hardship Defences include the following:

  • You are employed in public service such as with the Ambulance service, Fire service or with the Police, with driving being an integral constituent of your day to day job
  • You must be able to drive as you care for a friend or family member who suffers from serious health issues
  • A Totting Up Ban may cause problems for others in your employment
  • Where you drive professionally for your work, and that a ban could lead to you losing your job, which in turn could have major ramifications for your home life and that of your family.
 

Why choose Brian Koffman & Co.

We are highly experienced in defending drivers facing Totting Up Bans 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.

When faced with a driving ban and to get the most favourable outcome in Court it is necessary to put the strongest case to the Court. Our 40-years of experience in defending drivers facing convictions for all kinds of driving offence will give you the best chance of success.

We will work with you to fully explain the legal procedures you are facing. We will help to construct an exceptional hardship argument and gather all the required evidence to argue this defence in a robust fashion and we will represent you expertly on your day in court.

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.