Totting Up Solicitors

Under the Road Traffic Act 1988, a totting up ban applies automatically if you receive 12 penalty points or more in any three-year period. This automatic driving ban can have sudden and unexpected consequences for your professional and personal life, and there are limited defences you can use to protect your licence. However, if you can prove that you or someone else would suffer exceptional hardship as a result, it may be possible to retain your licence.

If you are facing a totting-up disqualification, the specialist motoring offence solicitors at JMW can offer you the legal advice you need to avoid a driving disqualification. We have years of experience in a range of relevant motoring offences, which means that we can defend you against charges that would result in penalty points, or make use of exceptional hardship arguments to help you to avoid a lengthy driving ban.

Get in touch to 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

If you have received a Fixed Penalty Notice and need to decide how to respond, JMW's motoring offences team can help you. We can advise you on whether you have grounds to defend the underlying offence and, if not, make an exceptional hardship application on your behalf. When the circumstances allow for it, this legal argument is often successful and could enable you to keep your driving licence.

Even if you have previously relied upon an exceptional hardship argument within the last three years, or are facing other complications, JMW's thorough knowledge of UK motoring law and track record of success in exceptional hardship arguments means we can offer strong advice tailored to your situation. 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. Starting with a free initial consultation, and represent you at all stages of the legal process to put forward your defence, including if you have to attend court or during an appeal or sentencing hearing. If you are at risk of accruing 12 points on your licence, contact us at your earliest opportunity to learn more about your options.

Meet Our Team of Motoring Offence Solicitors

At JMW, our team understands the impact that a totting up disqualification can have on your life. Our motoring solicitors can establish whether the impact of a disqualification period would amount to exceptional hardship, help you to argue exceptional hardship where relevant, or support you to defend the underlying offence that is alleged, based on years of experience and a track record of success.

Case Studies

What Is a Totting Up Disqualification?

‘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 will arrange a hearing to 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 make an 'exceptional hardship' argument, which offers a chance to persuade the court to exercise its discretion and refrain from imposing a disqualification.

How Can Arguing Exceptional Hardship Prevent a Driving Disqualification?

Exceptional hardship arguments give road traffic offenders an opportunity to prove that a ban from driving would cause more suffering for them and others than the average motorist. The law recognises that for some motorists, a driving ban for committing four minor speeding offences within three years would have an outsized impact on their life.

There are two types of exceptional hardship argument: emotional hardship and financial hardship. If the driver cares for relatives and needs to drive to support them, this might be considered emotional hardship. On the other hand, if the offending driver needs to drive for their job, this might constitute a financial hardship argument.

With that said, it will not be enough to simply demonstrate that a driving disqualification would have unintended consequences. Hardship must be out of the ordinary, as the Sentencing Council's guidelines state regarding this offence: "Where it is asserted that hardship would be caused, the court must be satisfied that it is not merely inconvenience, or hardship, but exceptional hardship for which the court must have evidence." The inconvenience that normally follows a driving ban is expected and not "exceptional" for the court's purposes. Arguments about the need to commute, financial strain or general disruption to family life would not qualify as exceptional hardship.

To mount an argument successfully, it is best to demonstrate:

• Impact on third parties, such as employees, dependants or vulnerable family members. While this is not a legal requirement, it can make your argument stronger.
• How the risk of loss of employment would affect others.
• The serious medical consequences that could arise if transport to medical appointments is not available.
• The risk of losing a business that employs staff.
• Caring responsibilities that cannot realistically be met by alternative arrangements.

Loss of employment alone is rarely sufficient unless it produces consequences beyond the usual financial impact.

This ambiguity means that it can be complicated to mount an exceptional hardship argument, but the team at JMW has extensive experience and a strong track record of success, and we can give you the best chance of success. There are also common misconceptions that affect these arguments.

This is why enlisting the help of an experienced solicitor is vital when you face disqualification, and ideally from the moment you first receive a notice of intended prosecution alleging a motoring offence. The legal team from JMW can draw together the necessary documents and other evidence to improve your chances of achieving a strong totting up defence and positive outcome. Our knowledge of the Road Traffic Act 1988 and track record of success in exceptional hardship means that our legal advisors can deliver the best possible result throughout the process.

What Is the Process of Defending Against a Totting Up Ban?

As with any driving offence, the court process can be lengthy, stressful without the right legal advice, and the wrong outcome may be highly impactful on your future. From the point of accusation, the police will have up to six months to form a case. The time this will actually take varies, and if your most recent offence was fairly simple, a totting up offence can move more quickly, as it may just be a case of prosecuting you for exceeding the points limit.

For more complicated cases (such as those that have to factor in exceptional hardship or unique situations), the process can take longer. If there is biological evidence or statements, the police will have to go through an analysis process to build their case, and it could be seven or eight months before you actually are scheduled for a court hearing.

During this time, it is essential to build your defence. Our specialist totting up solicitors will discuss your situation with you to make sure we fully understand the circumstances, and will be able to advise you on aspects of the case which you may not have considered in your defence, such as whether failures in proper police conduct could help.

Call us now on 0345 872 6666. Waiting means you will have less time to build a strong defence, and our dedicated solicitors are already waiting to provide you with our award-winning service.

Q

What happens if I receive a driving ban due to totting up?

A

If you are 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.

Q

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

A

Please see our fixed-rate motoring offences page for detailed information on how much it may cost for you to defend your right to drive. When you call us to discuss your circumstances, we can also advise you on costs to make sure you are fully informed before moving ahead through the legal process.