In this “Quick Guide” we will take you through the law, the penalties and the defence for Totting Up (Totting-up) driving bans in England & Wales.
‘Totting Up’ occurs when a motorist accumulates 12 (or more) active penalty points on their driving licence within a 3-year period.
The legislation which covers ‘Totting-Up’ which is also sometimes referred to as a Penalty Points Driving Ban is contained within Section 35(1) of the Road Traffic Offenders Act 1988 which states:
Where—
- (a) a person is convicted of an offence [F1to which this subsection applies], and
- (b) the penalty points to be taken into account on that occasion number twelve or more, the court must order him to be disqualified for not less than the minimum period unless the court is satisfied, having regard to all the circumstances, that there are grounds for mitigating the normal consequences of the conviction and thinks fit to order him to be disqualified for a shorter period or not to order him to be disqualified.
What are the penalties for Totting Up?
A person facing a Totting-Up driving ban will be disqualified from driving for at least 6 months, unless the Court finds there is Exceptional Hardship.
When will I require legal representation?
As soon as you are aware that your driving licence will be endorsed with penalty points, resulting in a total of 12 or more points, you should appoint expert legal representation so that an Exceptional Hardship Application can be put forward in Court to potentially avoid the 6-month driving ban.
Things our solicitors look out for in Speeding Cases
- Whether the Prosecution is valid
- Whether the Prosecution has sufficient evidence
- Calculating when older points drop off the driving licence
- The likely sentence
- Whether the Court should impose a short disqualification, rather than imposing penalty points
- The grounds for the Exceptional Hardship Application
Do you require a solicitor for a Totting-Up driving ban?
If you have just read our quick guide to Totting-up you should have an idea by now whether you require legal representation for your totting up offence. If you feel you do require legal advice and representation please not hesitate to contact us by calling 0345 222 9955 or by filling out our contact form.
