Penalty Points - 'Totting Up'

Penalty Points - 'Totting Up'

Accumulating 12 or more points on your driving licence will result in a disqualification from driving for a minimum of six months. This is more commonly referred to as “totting up”.

The Court will impose the disqualification unless they can be satisfied that in particular circumstances, there are grounds for mitigating the normal consequences and can find reasons on the balance of probabilities not to disqualify at all. Grounds can be found on the basis of Special Reasons  or Exceptional Hardship.

With our Motor Law service you have access to a specialist team of solicitors who can advise you each step of the way, all with our commitment to achieving the most favourable outcome possible. 

Penalty Points (Totting Up)

‘Totting up’ and being disqualified from driving can have devastating effects on most people’s lives.

When considering the effects of totting, you should ask yourself if the loss of your licence would lead to the loss of your job? Would your business and employee’s suffer? Are there other people who rely on your ability to drive? Would the loss of your driving licence have a negative impact on others?

If you can answer yes to any of the above questions then retaining your driving licence is vital.

What happens next?

You have access to leading motoring law specialists who can advise you on the most appropriate course of action.

With vast experience in handling cases of ‘totting up’ our team can identity the types of situations that can lead to a successful Exceptional Hardship or Special Reasons argument.

Upon instruction, we will discuss your case and all of the circumstances with you in detail in order to provide you with the most appropriate legal advice and establish what arguments could be put forward on your behalf.

It is important that all appropriate evidence supporting your suggestion that the grounds of exceptional hardship or special reasons exist, be put before the Court. We recommend you contact us as soon as possible so that we can advise you on what is required from the outset.

Whilst the onus is upon you to establish that exceptional hardship would be caused or that special reasons exist, you will have the full support of the Motor Law team who will attend court with you and present the most forceful representations on your behalf.

Our team of leading motoring defence solicitors will present the complex case law where appropriate that deals with what the Court may take into account. We are experts in presenting these arguments to the Court and have a proven track record in clients avoiding a driving ban in these circumstances.

Examples of Exceptional Hardship include:

• Loss of livelihood. Where a disqualification from driving would result in you losing your job which would in turn mean you were unable to pay your household bills and provide for your family
• A child or elderly relative depends on you having your driving licence to regularly take them to hospital appointments. There would be nobody else to do this and public transport is not an option. Exceptional hardship would therefore be suffered by another person
• You are disabled and need your driving licence to get about.

The above examples are by no means an exhaustive list. Exceptional hardship and Special Reasons cases are varied and with the right legal guidance you can ensure that your case is expertly represented to the Court.

We have specialist knowledge of this complex area of law. Our team are experts in presenting this argument to Courts throughout the UK.

It is important to remember that by seeking legal advice from the outset you can help to ensure that any complexities and potential implications are effectively managed. Having access to expert advice can bring peace of mind at a time when you need it most.

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