Penalty Points & Totting Up
Too Many Penalty Points on your Driving Licence?
If you reach 12 penalty points on your driving licence for motoring offences committed within three years of each other, the court has to ban (disqualify) you for at least six months. This is usually referred to at court as totting up.
It means that if you already have penalty points and are facing another Fixed Penalty or Summons which could take you to the limit of 12 points, you’re at risk of losing your licence.
To avoid a penalty points disqualification, you must prove that a ban would cause exceptional hardship to you or someone else.Case Study: Is Driving Vital For Your Business?
“Our client ran a successful shop-fitting and sign fixing business. He worked very long hours, covered huge mileages and needed to carry tools and building materials in his van. He pleaded guilty to speeding. This put him at risk of disqualification under the totting up system. Representing himself, he was unable to persuade the Magistrates that he needed to drive and was banned for 6 months.
He then approached Richard Silver. By then, things were urgent, as he had a particularly important contract coming up. We appealed on his behalf and were able to demonstrate to the court that he could not run his business without driving. As a result, the ban was lifted, leaving him free to drive again.”
Get in touch with Richard Silver on 0161 834 9494 to find out how we can help you remove a penalty or disqualification.
Proving Exceptional Hardship With Our Help
Exceptional hardship can be hard to prove and the Court will thoroughly examine your case. Loss of job is sometimes, but not always, enough to convince the Court. Hardship to others, for example dependent family members, will often carry more weight.
In practice, some Courts have widely different interpretations of what amounts to exceptional hardship and some require more persuasion than others. In some Magistrates’ Courts, unrepresented motorists are sometimes treated less sympathetically than those who are represented.
Some Courts, and all too many lawyers, are not fully aware of the legal precedents which may help avoid a ban. By ensuring that these precedents are relied on, our experienced and well-respected Solicitors often win cases which would otherwise be lost.
That’s why you should always make sure you have the best legal representation. We have a very high success rate and will put forward the best possible case to help you avoid a driving ban.
We can represent you nationwide – in any Court in England or Wales.
In some cases, we can also put forward a “special reasons” argument to avoid penalty points altogether. This may apply if, for example, you were driving in an emergency.
Examples Of Totting Up
There are many examples of where you might be facing a disqualification from driving due to penalty points totting up. This could be a result of any combination of endorsements for offences such as speeding, traffic light contraventions and use of mobile phones while driving.
This list of penalty points and codes will give you a full indication of the types of motoring offences which could add up to put you at risk of losing your licence.
The Consequences Of Totting Up
If you reach twelve penalty points on your licence, you will be facing a driving ban of at least six months.
If you need to drive for your business, job or family, disqualification can be devastating.
But we can argue your case and help keep you on the road.
Save Your Driving Licence
We have helped many drivers to save their licence and job, and our success rate in these cases is very high. That’s why we’re often recommended by other lawyers, both solicitors and barristers! We represent many people who drive for a living, like sales reps and professional drivers, because we win cases which other lawyers think are unwinnable.
It isn’t always easy to avoid penalty points, especially if your job or business involves high mileage driving. We’ll help you to avoid a driving ban, keep your driving licence, and stay on the road, because we know how important it is to you.
If you are worried about penalty points or totting up, call our experienced team of solicitors on 0161 834 9494 to find out how we can help.