Totting Up Ban Lawyers

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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 you 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 Totting Up 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.

Motoring Offence Solicitors offer the very best privately funded legal representation to clients in Manchester and across the UK.  Call our team today on 0161 832 3852 or complete the enquiry form on the right-hand side of this page.

James Hurst
James Hurst
17:52 25 May 22
I approached Brian due to totting up points on my licence. Three more points could have resulted in me being disqualified from driving and as a Courier this would have cost me my Livelihood.Brian... decided that the best route to take would be to enter a plea of exceptional hardship. He explained everything clearly and guided me through the process whilst reducing the considerable stress I was under.His efforts secured me the best possible outcome. Not only did I keep my licence, I also received the lowest possible fine.I can't recommend Brian highly enough and would urge anyone in similar circumstances to contact Brian Koffman & Co Solicitors without hesitation.Thank you Brian.read more
eleanor perretta
eleanor perretta
15:48 23 May 22
I have just contacted Brian to get some advice regarding a motoring offence - as the website indicates they pride themselves on these cases.It was my first experience of having a penalty of this... nature and was looking to instruct a solicitor to gain some advice on the best steps.He was incredibly blunt and rude. He compared my enquiry to the likes of a doctor seeing a patient with no knowledge of the symptoms? Despite me being on the phone to answer any questions regarding the offence in question.Completely bizarre and rude, with him then hanging up on me.read more
Surojit Sen
Surojit Sen
18:53 31 Mar 22
I would like to say a big Thank to Mr Brian Koffman. I’m so pleased to say that he has dealt my case so well. I had no prior experience to attend the court in my life. He made me everything clear... about what I will be expecting on my hearing. He explained everything step by step which has definitely helped me a lot.He is such a brilliant lawyer. He made me win the case. He is very professional, honest and an experience lawyer. I do highly recommend him. I’m giving him 5 stars. Thanks a lot.read more
Kell h
Kell h
19:53 24 Feb 22
Excellent solicitor very good at what he does. yes I would recommend, outstanding results in the court room very inpressed. thank you Brian.
Shohib Shah
Shohib Shah
13:01 17 Feb 22
Where do I start from I mean It was a fantastic experience, Mr koffmans level of service and professionalism is just at very high level and would recommend them to everyone and just can't thank him... enoughread more
Ahdil Hussain
Ahdil Hussain
02:39 10 Feb 22
EXCELLENT SERVICE you won’t be disappointed that’s all I can say …..
spencer orme
spencer orme
12:17 20 Dec 21
Brian was fantastic with his services, his professionalism, his extensive knowledge put me at ease. Everything he did was to the absolute best of his ability. I can’t thank him enough for... representing me in my caseread more
Tim Gill
Tim Gill
15:37 07 Dec 21
Very professional service with attention to detail. Highly recommended!
Steven Brown
Steven Brown
20:23 30 Nov 21
I recently enlisted the services of Brian Koffman to represent me in court for a speeding offence.Right from my first discussions with Brian I found him very friendly and highly professional.He... explained everything in detail and in an easy to understand method.In court Brian put my case forward with great experience and professionalism and we both got the outcome we hoped for.I wouldn't hesitate in recommending Brian to anyone.read more
Hamid Mian
Hamid Mian
16:48 18 Nov 21
I needed immediate legal assistance regarding a recent motoring offence. Mr. Brian was very professional and talked me through the case and my options. I would highly recommend to anyone in need of... legal advice.read more
Cameron Bruce
Cameron Bruce
19:24 18 Oct 21
Brian was very helpful and communication was brilliant throughout the process. He got me the best possible result on the day without the need to attend court. Would highly recommend his services.
Shananay Watson
Shananay Watson
16:10 13 Oct 21
I searched endless for a trusted motoring solicitor and couldnt find anyone i deemed suitable until B.Koffman & Co.In recent months Mr. Koffman has dealt with everything associated with my Fathers... case from phonecalls to documentation ect.Upon first meeting Mr. Koffman explained in detail what repercussions my Father could face as a result of his driving offences, following our understand Mr. Koffman immediately turned his attention to how he could help.With afew meetings and several telephone calls a decision was made on how to proceed, following this Mr. Koffman travelled to us in order to attend court & won our case!I cannot recommend him enough, everything was done to perfection and no stone was left unturned.5* absolutely.If ever you have a motoring issue Mr. Koffman is the man to see.We have already recommended him to friends and will continue to do so.Thank you again Mr. Koffmanread more
Emma Bingham
Emma Bingham
18:12 24 Sep 21
I went to Brian when I received a letter due to a driving offence. He fully explain what I was being charged with and the options that were available to me. Brian represented me in court and in the... end managed to achieve a better than expected outcome. I would have no hesitation in recommending Brian to anyone and highly recommend.read more
Andrew Ritchie
Andrew Ritchie
14:53 28 Jul 21
I cannot thank Brian enough for the amount of commitment he put in to my case! He was able to explain the court process in simple terms, and I felt at ease knowing that someone so highly professional... was dealing with my case. His advice resulted in the case being dropped and it ended in my favour. After my experience I would definitely recommend Brian, as he handled everything so efficiently. If anyone is looking for a motoring and criminal law solicitor that goes above and beyond, Brian is YOUR MAN!read more
Chris Edward
Chris Edward
13:47 06 Jul 21
I highly recommend the team at Motoring Offence Solicitors. They helped me expertly when I really needed it. Diligent, professional, highly knowledgeable and considering what I was facing, absolutely... amazing value. Thank you Brian and teamread more
Ged Cosgrove
Ged Cosgrove
18:17 13 Jun 21
I have had to use Brian’s services on a few occasions and have also recommended his services to clients, friends and family. I have always found Brian to be professional In my dealings with him, he... explains everything in layman’s terms and has always advised as to the right course of action. I have never been disappointed and have always been happy with the final outcome.read more
Louis Barron
Louis Barron
14:20 11 Jun 21
I called Brian at very short notice about handling a case for me and he was incredibly helpful straight away - he clearly explained the situation and my options, and represented me at court to... prevent me having to travel across half the country.He got me the outcome I requested and I couldn't recommend him or his services highly enough. I chose him from his excellent google reviews just like this one, and now can see why he is so highly regarded!Thanks again Brian.read more
Emma Wright
Emma Wright
11:37 11 May 21
I cannot thank Brian enough for all his hard work involved in helping me get the best possible outcome for a recent motoring offence. Brian has been very responsive and articulate throughout the... whole process which has made me feel at ease knowing I am dealing with a professional at the scary time of preparing for and going to court. I will recommend Brian to anyone who needs a professional to help them with any motoring offences.Hopefully, I never need to use you again, but if I do, you will definitely be the solicitor I use.Thank you again for helping me.read more
Andrea Lumb
Andrea Lumb
10:59 23 Apr 21
I have recently had the pleasure of dealing with Brian regarding a motoring offence for a close friend of mine. Brian has been amazing throughout the whole process with regular and clear... communication. Brian is professional and extremely knowledgeable in his field of expertise. Furthermore, and more importantly, Brian managed to get my friend the best possible outcome that we just didn’t think was possible. Hopefully, I never have to use Brian personally, however if I do commit a motoring offence, he will definitely be the man I call. I have already referred a family member of mine to Brian as I know he will be taken care of.Brian, thank you once again for all your hard work which in turn gave us the best possible outcome.read more
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Talk to an experienced motoring offence solicitor today.

or Call 0161 832 3852

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 a 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.w

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 dependents if you are indeed disqualified from driving. As with all criminal law defence, a 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.

12 POINTS ON YOUR DRIVING LICENCE

You can accumulate penalty points or ‘endorsements’ for a range of driving offences, for example:


Accumulating 12 penalty points on your licence does not automatically mean you’ll be given a driving ban. There are ways we may be able to save your licence, so please contact our team today to discuss the options available in your situation.

APPEALING A  “TOTTNG UP” BAN

If an ‘exceptional hardship’ argument fails and you are disqualified, all is not necessarily lost. You can still make an appeal to the Crown Court.

A ‘Notice of Appeal’ will need to be lodged with the Magistrates Court within 21 days. While waiting for a hearing date you can make a request to the Magistrates Court to lift your driving ban in the meantime.

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 possible case forward. Our 40-years of experience in defending drivers facing convictions for all kinds of driving offences 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.

Motoring Offence Solicitors offer the very best privately funded legal representation to clients in Manchester and across the UK.  Call our team today on 0161 832 3852 or complete the enquiry form below.

WE FIND SOLUTIONS TO THE MOST CHALLENGING CASES

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