What is totting up?
Many people think totting up bans are a result of speeding and traffic light offences. In fact nearly all motoring offences carry penalty points including driving with defective tyres, driving in a prohibited lane on a motorway and dangerous parking. The number of points depends on the severity of the case.
When you commit more than one motoring offence within a three year period and accrue 12 penalty points or more this is referred to as totting up. With 12 points on your licence you will face disqualification from driving for six months, or 12 months if you have been previously disqualified for totting. Bear in mind that the court will take into account the date of the offence when looking at the three year timeframe.
The rules for new drivers are different.
What are your options if you are facing a totting up driving ban?
Losing your licence can have a disastrous effect on your business or personal life. In some cases it can result in the loss of your job or livelihood. Our aim is to help keep you on the road.
If you do not believe you have committed the motoring offence you can contest it.
If you plead guilty or are convicted of the offence and you are facing a totting up ban it may be possible to argue exceptional hardship to avoid the six month driving disqualification.
Exceptional Hardship
Losing your driving licence will cause a certain level of hardship for anyone used to having the convenience of a car or other motor vehicle.
The Court has the discretion to grant exceptional hardship if there is sufficient evidence that hardship would be suffered beyond what is reasonably foreseeable.
The Court will examine the degree and severity of hardship that would be caused not only to the person losing their licence but to other people who rely on them. Inconvenience or loss of employment will not always amount to exceptional hardship.
More submissions for exceptional hardship fail than succeed. The case must be presented in Court which can be a daunting experience especially if you are not familiar with the legal system.
We highly recommend instructing a specialist solicitor to present your case persuasively and give you the best chance of avoiding a disqualification
Our driving defence solicitors at Albin & Co are very experienced in dealing with all types of road traffic offence and will represent you in court, speaking on your behalf, to achieve the best possible outcome.
What should I do now?
We advise you to contact us as soon as possible. We can normally provide you with initial advice within 24 hours. Our advice will be clear and realistic. Our aim is to put your mind at rest and support you through to the conclusion of your case.
Is legal aid available for totting up cases?
Legal aid is not usually available for cases involving exceptional hardship. You should budget for fees between £500 to £800.
Contact one of our motoring offence solicitors today and give yourself the best chance of staying on the road
