Totting Up Disqualifications

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Totting Up Disqualifications Solicitors

If you face the possibility of a totting-up disqualification, the expert motoring solicitors at JMW are here to offer you the legal advice you need to avoid a driving disqualification. We have years of experience in this field of the law and are able to make use of exceptional hardship arguments to try and help you avoid a lengthy driving ban.

To get in touch and take advantage of our totting up ban solicitors' vast expertise in this area, simply call us on 0345 872 6666, or complete our online enquiry form and we will give you a call back at a time that is convenient for you.

How JMW Can Help

You might be facing disqualification for totting up; is this the second time within the last three years? Maybe your personal or professional circumstances have changed - did the court consider all of your personal and professional circumstances? Even if you have previously relied upon an exceptional hardship argument within the last three years, all is not lost with the help of JMW.

Our expert totting-up defence solicitors can provide the advice and guidance you need to make sure you are giving yourself the very best chance of securing the outcome you need. We have assisted many people who have faced the prospect of a totting up disqualification and can help to keep you on the road too.

Totting Up Offences Explained

‘Totting up’ refers to a driver accumulating 12 or more penalty points on their licence within a period of three years. At this point, a court has to arrange a hearing where they will consider imposing a disqualification from driving for a minimum period of six months.

If you have previously been disqualified from driving for a period of 56 days or more within the relevant three-year period, this would increase the ban from six months to 12 months. If you have previously been disqualified from driving for a period of 56 days or more, on two occasions or more within the relevant three-year period, the disqualification for totting up would be increased to two years.

The court hearing offers defendants and lawyers a chance to rely upon what is known as an 'exceptional hardship' argument to convince the court to exercise its discretion and refrain from imposing a disqualification.

Exceptional Hardship and Totting Up Defence

Exceptional hardship arguments give the accused an opportunity to prove that a ban from driving would cause more suffering for them and others than the average motorist. For some, the consequences of committing, for example, four minor speeding offences, within three years, would far outweigh the crime.

Normally, these arguments can be divided into emotional and financial hardship - if the driver cares for relatives or needs to drive for their job, for example. If your reasons for having a number of points on your licence come from these life stresses, it may be instrumental in helping you to retain your licence and, thus, your responsibilities.

This is why enlisting the help of an experienced solicitor is recommended. The right legal team can draw together the necessary documents and other evidence and provide the legal advice needed to improve your chances of achieving a strong totting up defence and positive outcome.

Driving Bans Due To Totting Up

Should you be banned from driving, you will not be permitted to drive any type of motor vehicle in the UK until your ban has ended. After your ban has been served, all previous penalty points will be removed and your licence will be returned to you.

A driving ban can have a significant impact on your life, especially if you rely on using your car either personally or professionally. It is therefore essential that you seek the right expert legal help to give you the best opportunity to avoid or reduce a ban.

FAQs About Totting Up Defence

What is the process of defending against a totting up offence?

As with any driving offence, the court process can be lengthy, stressful, and highly impactful on your future. Driving is an aspect of day-to-day life that allows us to work and care for others, and even a minor motoring offence is treated with the utmost severity by the law.

From the point of accusation, the police will have to form their case, and have up to six months to do so. With totting up offences, this can vary as your most recent offence may be simpler, and it may just be a case of prosecuting your exceeding of the points limit.

For more complicated cases (e.g. ones that may have to factor in exceptional hardship or unique situations) this may cause the process to take longer. If there is biological evidence or statements, the police will have to go through analyses processes to build their case. It could be seven or eight months before you actually get a court hearing.

During this time, however, it is essential that you build your defence. Our specialist totting up solicitors will discuss your situation with you in a respectful and approachable manner, and will be able to advise you on aspects of the case which you will not have considered, such as proper police conduct.

Call us now; the longer you wait, the less time you will have to build this strong defence, and our dedicated solicitors are already waiting to provide you with our award-winning service.

How much will it cost to be represented by a JMW solicitor?

Please see our fixed-rate costs page for detailed information on how much it may cost for you to defend your right to drive, but feel free to call us now on 0345 872 6666 to learn more.

Talk to Us

Contact us today and we can have a no-obligation chat about how we can lawfully help you avoid a disqualification from driving for a totting up offence. Simply call us on 0345 872 6666, or complete our online enquiry form and a member of the team will be in touch.