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Ryan Giggs Brother Banned from Driving uner Totting Up Procedure

10th Apr 2015

The brother of Manchester United's Assistant Manager, Ryan Giggs lost his job as a HGV driver after being banned from driving after being caught by the Totting Up Procedure.

Rhodri Giggs, 37, revealed that he would become unemployed as a result of being convicted of driving without Insurance this week. Under the Totting Up Procedure, the former player-manager of non-league side Salford City, was disqualified from driving having already accrued six points from two previous speeding offences.

He was sentenced at Manchester Magistrates Court this week and said the offence on October 14th last year "wasn't intentional." 

Mr Giggs surprisingly was unrepresented and decided not to argue that if disqualified he would suffer "exceptional hardship" which could have seen him avoid being disqualified at all. He said he would be unable to carry on working as an HGV Driver

Giggs was then banned from driving for six months, fined £110 and ordered to pay a £20 victim surcharge and £85 Costs.

Frank Rogers, Head of the Motoring Prosecutions Team at Brown Turner Ross commented:

"Driving without Insurance is a strict liability Offence but you can defend the Charge if you were driving for your Employer & reasonably believed you were covered on his Policy. Equally, there are circumstances where you can argue Special Reasons so as to avoid getting 6 Points on your Licence.

What happened here is that he already had 6 Points within the previous 3 years so he totted up and got the 6 month disqualification that follows unless you successfully argue "exceltional hardship" - he was unrepresented and declined to advance any argument as to why he should not have been banned. In fact if he is single he might not have succeeded with an exceptional hardship argument because the hardship ideally needs to impact on others such as

  • your husband or wife & children
  • your Employees or business Partners

If you can show that losing your licence would see you lose your job and put your mortgage at risk & therefore the security of the family home this may be a viable argument. Alternatively, if you need to drive to run a business and your being banned would put the business & jobs at risk, this would be a strong exceptional hardship argument. Prosecutors challenge these arguments rigorously these days and so they need to be meticulously prepared and advanced by an experienced Advocate."

For Free initial advice on any Motoring Prosecution call Frank & his Team 24/7 on 0800 195 7517