Totting up of penalty points leading to a disqualification
If you are have been charged, or are likely to be charged with a motoring offence, contact us to speak to one of our specialist motoring offences solicitors who will assess your case and advise you on a possible defence.
Contrary to popular belief it is possible to mount a successful defence against motoring offence charges and it may be possible to avoid disqualification in cases where this would cause exceptional hardship, or where special reasons can be shown in mitigation.
Totting up is the phrase used to describe the process of accumulating enough penalty points on your driving licence to warrant an automatic disqualification.
Most motoring offences carry a fixed number of penalty points. These can range from 2 to 9 depending on the seriousness of the offence. Speeding offences will often carry a 3 point penalty as well as a fine and offences such as driving without due care can carry between 3 and 9 points, depending on the circumstances.
Totting up occurs when a driver reaches a total of 12 points within a 3 year period. The court guidelines at this point are for an automatic 6 month disqualification. If you have already had one or more previous disqualifications then the ban may be for either 1 or 2 years.
Can I avoid a driving ban?
If you are disqualified from driving this can clearly have substantial effects on you and your dependents. You may lose your job, or be unable to carry out driving responsibilities relating to your family and other dependents.
In some cases it may be possible to avoid a driving ban, or reduce the length of the disqualification. If, together with your solicitor, you can show that imposing a ban would cause you ‘exceptional hardship’ then it may be possible to convince the courts to be lenient.
However, this requires more than showing that you would lose your job, for example. It is accepted that the imposition of a driving ban will always cause hardship to the driver, what you have to show is that in your case that hardship would be exceptional.
This type of defence requires an experienced solicitor with expertise in this field. Contact us to speak to one of our specialist motoring offences solicitors to discuss your circumstances.