Totting Up Disqualification

Totting Up Disqualification

What is Totting Up?

Totting-up refers to the process of accumulating penalty points on your driving licence over a three-year period. If you reach 12 or more points during that time you are liable for an automatic disqualification under the Road Traffic Offenders Act 1988. It is important to note here that the three years are counted from the date of each offence, not the conviction date. Points from offences older than the three years do not count towards the total.

Depending on your driving history, the minimum ban is as follows:

• No previous disqualifications – six months
• One previous disqualification within three years – twelve months
• Two or more previous disqualifications within three years – two years

The inability to drive for six months or more, for most people would be terribly inconvenient and disruptive to both work and family life. In many cases it could even result in the person who has accrued the points “the totter” losing their job.

Exceptional Hardship

When a ban would cause serious or disproportionate consequences not just for the driver but for those who rely on them, for example children, vulnerable individuals such as those with disabilities or elderly relatives or where the ban could lead to loss of employment and therefore serious financial ruin, court magistrates must subject each case to careful scrutiny according to the law and sentencing guidelines. In order to reduce or even avoid the ban altogether the driver must present a compelling case as well as evidence that exceptional hardship cannot be avoided. Evidence would include employment contracts, medical records and witness statements from those impacted by the ban. Impacts on both social life and career progression would not be considered valid evidential arguments. Courts MUST be satisfied on the balance of probabilities (more likely than not) that a driving ban would cause exceptional hardship.

As a totting up ban is a criminal offence you must attend court to appeal it. Having legal representation is key to securing the best possible outcome. Our experience and expertise will help you to prepare your case, guide you through the legal process and when the time comes represent your interests in court. We have helped clients successfully defend motoring prosecutions, helped to avoid disqualification from driving and avoid the endorsement of further penalty points.

Whether you need representation or just the answers to the many questions you will understandably have call us today or complete the online contact form.