Totting Up Disqualification

You do not want to commit any Motoring Offence carrying Penalty Points and certainly not one if that means that you will then have 12 or more Points on your Licence all of which have arisen in the 3 year period prior to that Offence being committed.

Why? When you have 12 or more Points on your Licence Magistrates have to consider disqualifying you from driving for a minimum period of 6 months. If you are in that position call us now to see if you have an “exceptional hardship” argument we can advance to avoid you being disqualified. So, once you have 6 or more Points on your Licence extra caution is required!

So how does this work?

  • On July 12th 2011 you are caught speeding and are liable for 3 Points
  • On March 15th 2010 you were caught speeding and received 4 Points
  • On June 20th 2009 you were caught using a mobile phone while driving and received 3 Points
  • On January 28th 2009 you were involved in an accident resulting in your getting 4 Points for Careless Driving
  • On May 10th 2008 you were caught speeding and received 3 Points

In the above example the Offence committed on May 10th 2008 does not count as it was committed more than 3 years before the most recent Offence on July 12th 2011. All the other Offences do count which means that you would have 11 Points on July 12th and would be liable for disqualification when dealt with for the most recent Offence.

You should note that it is the date of the Offence that counts towards calculating what Points you have within the 3 year period and not the date on which you were dealt with by a Court for any of the Offences including the most recent one. Your Licence will list both the dates of your convictions and when the Offences were committed. If you are unsure about your position call us now for Free initial advice.

The Law on “Totting Up”

This Law applies to all holders of a full driving Licence. If you are a “New Driver” the relevant number of Points is 6 Points for the first two years of holding a full Licence including any endorsements still active from when you held a Provisional Licence or even before you held any Licence. If you are at risk of Totting Up you will not be offered the Fixed Penalty Procedure and will instead receive a Summons to attend Court to show why you should not be disqualified.

  • A Totting Up disqualification will be for a minimum of 6 months, although the Magistrates have a discretion to increase it if they think it is necessary
  • If you had another disqualification of over 56 days in the previous 3 years, then the disqualification will be for a minimum of 12 months
  • If you had two disqualifications in the previous 3 years, then the minimum disqualification will be 2 years

“Exceptional Hardship”

You may not realise how much you depend on being able to drive until you are banned from doing so! A ban can result in

  • your losing your job
  • your being unable to pay your Mortgage, Rent and other outgoings
  • that you business will suffer putting your livelihood and that of your Employees at risk

We will fight to keep your Licence and where possible to try and avoid you getting Points at all. If that cannot be achieved we will prepare an Exceptional Hardship argument for you using all the experience we have gained from advancing these arguments for our Clients throughout England & Wales. We have an excellent record in keeping our Clients driving even when they have 12 or more Points.

What is “Exceptional Hardship?”

You are bound to suffer some degree of hardship if you are banned from driving but it will only be taken into account if it can be classed as Exceptional Hardship. In reality, this means either hardship that affects you in a way that goes beyond normal hardship, or hardship that impacts on third parties such as your family or Employees.
Examples of what a Court will consider to be Exceptional Hardship might include:

  • A Driver whose mobility is restricted by severe health problems.
  • A threat to the job stability of Employees if a Manager, Business Owner or key Employee is unable to fulfill their role (other work related effects may be relevant).
  • If the Driver works in a career with a high level of importance to the health or safety of the public, or a specific group of people.
  • Loss of a career

Whatever the argument you want to advance it will need to be if supported by relevant supporting information and presented well, by an experienced Advocate. You will also need to show that you could not employ or rely on someone else to drive you or use public transport.