Totting up of Penalty Points
Most motoring offences carry with them penalty points ranging from 2 to 9, depending on the seriousness of the offence.
The term ‘Totting Up’ is used to describe the situation when someone reaches the level of 12 penalty points gained through a number of separate offences.
English law states that anyone who accrues 12 penalty points in a period of 3 years will receive an automatic disqualification from driving of 6 months. If you have already had a previous disqualification then the ban may be extended to either 1 or 2 years.
Avoiding a driving disqualification for Totting Up
In certain cases it may be possible to avoid a disqualification from driving through totting up. You will require an experienced specialist solicitor to make representation to the Court on your behalf.
Your solicitor must show the Court that a driving ban would lead to you or your family suffering ‘exceptional hardship’ as a result of the penalty being imposed. If the Court can be convinced of this then you may receive a lower penalty and avoid a ban.
Showing ‘exceptional hardship’ is not as simple as simply showing that for example losing your job would be a problem. The imposition of a driving disqualification is a penalty and is therefore meant to cause a level of hardship. A specialist solicitor may be able to show that the level of hardship would, in your case, be so exceptional that it should be avoided.
If you are arrested or charged with any motoring offence that may cause you to receive a ban from driving, please contact us at your earliest opportunity.
Legal Advice and assistance in a Police Station is free of charge. We recommend that you say nothing to the Police until you have spoken directly with us.
We have a 24-hour emergency advice line so that we can respond immediately to your situation. Our 24 hour number is 07850 012 366.