Background

The totting up driving disqualification

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What is it and how does it work?

Losing your driving licence through totting up can cause an impact to your family, your working life and your finances.

In this article I will outline what a totting up ban is, what the disqualification will be and how in exceptional circumstances by employing an experienced solicitor this may be avoided or reduced.

What is a totting up disqualification

A totting up ban or driving disqualification is when you incur 12 or more penalty points on your licence within a 3 year period (6 points for newly qualified drivers). Under section 35 of the Road Traffic Offenders Act 1988 you will be initially imposed with a minimum period of six months disqualification, going up to two years in some circumstances.

The points can be received from any driving offence and include speeding, going through a red light or from driving whilst talking on a mobile.

Will I be disqualified and how long for?

This depends on a few things. Here is how it works:

Can I avoid a disqualification?

The starting point is that the court must disqualify you for the minimum period unless the court is satisfied that there are reasons not to disqualify you. If that is the case, the court have two options:

  • Disqualify you for a shorter period; or
  • Give you points on your licence but allow you to continue driving without a disqualification.

How can I reduce or avoid a totting disqualification?

It is also possible to raise an exceptional hardship argument. However, please note that it is upon you to prove and demonstrate to the civil standard that such a ground exists.

By seeking legal advice at an early stage a lawyer will be able to talk through and support you with an exceptional hardship argument and make sure all the relevant details are available so that the case is fully prepared.

To help here are some useful points to consider when raising an exceptional hardship argument:

  • As the name suggests, the hardship that you suffer must be exceptional. This means it must be more than an inconvenience if you will be disqualified from driving;
  • Almost every disqualification entails hardship for the person that is disqualified and their immediate family;
  • Courts have taken a cautious approach before accepting assertions of exceptional hardship without evidence that alternatives (including other means of transport) for avoiding hardship are not viable; or
  • A loss of employment may follow from a disqualification. However, the law is quite clear that loss of employment is not itself sufficient for the court to find exceptional hardship.

How we can help

At Hunt & Coombs Solicitors our motoring offences solicitors will review your circumstances and ensure that you receive the best legal advice and representation. We understand that a strong exceptional circumstances argument is based on effective preparation and presentation, which is why we will ensure to take great care in retrieving all the relevant information and documentation from you to help support your case.

Why Choose Us?

At Hunt & Coombs Solicitors, we understand the stress that losing your driving licence can cause and the potential long term consequences that can affect you, your family and your future earning potential. We are available to support you throughout the entire process, explain the likely outcomes and fight on your behalf. Our team also have a vast amount of experience in successfully defending individual’s driving licences in court.

How to make contact

Please call our Motoring Team on 01733 882800 for a no obligation, telephone conversation, and we will happily provide you with a quote. Where we can, we will provide you with a fixed fee, so you do not have to worry about the costs. Alternatively, you can email us at [email protected].


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