Totting Up Ban Explained: 12 Points Disqualification
Have you collected 12 points on your licence?
Are you about to reach the maximum points allowance on your licence? If you have, and you do not wish to lose your licence, call us and we can help you.
So what exactly is a “Totting up ban”?
Having penalty points added to your driving licence for a driving offence is a common occurrence, ask around and it won’t be hard to find someone who has at least 3. However, if you reach 12 points this can lead to disqualification from driving and as a result, huge changes to your every day life.
Loss of employment is a very real possibility, and finding a new job that does not require a driving licence can be difficult. Life can be immeasurably changed, all your day to day tasks can become instantly unachievable and when you do get back on to the road, the rise in your insurance can be shockingly high.
The Penalty Points System
To discourage drivers from committing motor offences the penalty points system was introduced in 1988. Points are added to an individual’s licence according to the offence they have committed, the minimum number of points that can be appropriated to your licence is 3 for a minor offence. If you are tried in court and found guilty, points will be added to your licence at the discretion of the court. If you are found guilty of more than one offence, the points may be totted up.
Points will remain on your driving licence for 4 years and are active (when they count towards the totting up ban procedure) for the first 3. If you accumulate 12 points or more within a period of 3 years you will be disqualified for a minimum of 6 months, longer if you have been disqualified before.
You may be offered an alternative to receiving penalty points for speeding or more minor offences, in the form of your attendance at a speed or driving awareness course. You are usually provided with this option if you have been caught exceeding the speed limit by a small amount. Then you would pay the required fee to attend the course and the points for the offence would not be added to your licence following course completion.
If you have received notification that you are to receive penalty points for any of the offences outlined in the table blow, we can help and support you and achieve the best outcome for you on your behalf:
Penalty Points Table:
| Offence | Penality Points |
|---|---|
| Driving without a driving licence | 3-6 |
| Failure to disclose identity of driver | 6 |
| Driving with out of date or no insurance | 6 – 8 |
| Driving without due care and attention | 3 – 9 |
| Ignoring traffic lights | 3 |
| Failure to stop after an accident | 5-10 |
| Driving with out of date or no car tax | 0 |
| Speeding | 3-6 |
| Driving a vehicle that does not have MOT | 0 |
Mitigation
If you have admitted that you did commit the offence that you have been charged with but believe that there are personal circumstances that you would like the court to consider before allocating punishment, you are legally entitled to enter a plea of mitigation.
A plea of mitigation is not a defence and without specialist advice, you may be inclined to provide too many excuses for the circumstances that lead to the incident and in turn the plea may be rejected. A Solicitor at Hammond Trotter, with in-depth knowledge can advise you of the best way to proceed with your mitigation plea and will act on your behalf.
Exceptional Hardship
If you have accrued 12 points (Totting up ban/ Totting up points) there are certain exceptions that can lead to your avoidance of disqualification. In this instance the court has the discretion not to impose a ban.
Exceptional hardship hearings are at the foundation of our work at Hammond Trotter and we excel in this area, in fact we very rarely lose a plea of exceptional hardship. We prove time and time again, the suffering that will be caused should a ban be imposed.
It’s our job to assess your case and establish the degree of hardship that you will have to endure, and proceed to prove in court that it is ‘hardship beyond that which is normally suffered’.
Of course, everyone who loses their driving licence will suffer hardship, a solicitor with expertise in motor offences is required to prove that the level is out of the ordinary.
If you believe that you may require expert assistance with an exceptional hardship plea, or have any questions, please let us know. We offer the best representation available.
Not Guilty
Should you be found not guilty of the driving offence you have been charged with that has led to your potential acquisition of penalty points, let us know.
Our solicitors will appraise your case in full.
Should you have any questions regarding a totting up ban, or anything you have read today, please get in contact with a specialist member of our team today by giving us a call on the numbers below, or alternatively if you fill in the ‘Request a Callback’ form and submit it a member of our team will be with you as soon as possible.
If you are from Manchester & North call us on 0161 839 5117.
Alternatively, if you’re from London & South call us on 020 3886 2340.
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