Totting Up Ban Solicitors
Being banned from driving can cause serious difficulties for people who rely on their cars to get around. Our totting up driving ban solicitors can help you present a comprehensive defence which minimises or even eliminates any ban you’re facing.
What is a totting up ban?
Under section 35 of the Road Traffic Offenders Act 1988, a driver who accumulates 12 or more penalty points within the relevant three-year period will normally face disqualification under the totting up procedure.
Different rules apply to newly qualified drivers. Under the Road Traffic (New Drivers) Act 1995, a driver who accumulates six or more penalty points within two years of passing their first driving test will normally have their licence revoked and will need to pass a further test before regaining a full licence.
You can be issued with penalty points for a range of offences, including:
- Speeding offences
- Drink driving
- Drug driving
- Using a mobile phone while driving
- Using a vehicle with defective brakes, tyres or steering
With most offences starting with a penalty of at least 3 points on your licence, it doesn’t take long for points to add up over a three-year period, resulting in you being at risk of being issued with a driving ban.
For a full list of driving offences and their potential punishments, see the gov.uk website.
What are the penalties for getting 12 points on your licence?
Upon receiving 12 points, the courts will issue you with a driving ban, the length of which will depend on your driving history. This is regardless of the severity of the offence which resulted in you getting 12 points. Currently, your minimum ban will be:
- Six months is the standard ban for a first-time offender
- One year is the minimum ban for any who has received one driving disqualification of at least 56 days in the last three years
- Two-year minimum bans will be issued to anyone who has received more than one driving ban of at least 56 days in the last three years
Any driving ban over 56 days requires you to reapply for your licence upon completion, adding additional difficulty and making a strong defence even more important.
Totting up bans can only be imposed at a court hearing, giving you the opportunity to compile a defence before being issued with a ban. Instructing experienced, knowledgeable solicitors as early as possible in the process will play a vital role in reducing the severity of your punishment.
Driving ban exceptional hardship claims
To avoid a totting up ban, you will be required to demonstrate to the court that any disqualification would cause exceptional hardship to you and others.
Successfully making an exceptional hardship claim can be much more difficult than it may initially appear. The courts are reluctant to lay down strict rules on what constitutes exceptional hardship, rather than ordinary hardship or mitigating factors, making a well-argued case vital.
For example, losing your job as a result of a driving disqualification will not typically count as exceptional hardship and will not result in a successful appeal. Being able to demonstrate a significant negative impact on third-parties (such as being unable to provide for your children) should you lose your job, however, may fall under exceptional hardship and help you avoid a ban.
The same circumstances cannot normally be relied upon again if they have already been taken into account within the previous three years to reduce or avoid a totting up disqualification.
How we can help
Our team of driving ban solicitors has significant experience helping people facing a totting up ban. We take the time to get to know your case inside-out, assessing all relevant factors before assembling a comprehensive defence designed to achieve the best-possible outcome.
We understand legal issues don’t always occur at convenient times, which is why we’re available to help 24/7/365. We know how important your case is to you, and always endeavour to keep you up-to-date with all developments, letting you know exactly where you stand throughout.
Contact our Totting Up Solicitors
When faced with the possibility of disqualification under the totting up procedure, it is crucial that you seek the best criminal defence representation available to you.
Our Driving Offence Specialists are part of our wider, and nationally recognised team of expert criminal solicitors. We are highly regarded across the legal profession and noted for consistently excellent results. Our solicitors possess a high degree of technical knowledge that will provide you with the quality you deserve in your legal representation. We take great pride in our dedication and professionalism and are committed to achieving the best result possible for all of our clients. A one of the principal criminal defence law firms in the country, we will work tirelessly on your behalf, with an attention to detail and tenacity that is second to none, to ensure you have a strong and effective defence.
With your licence at stake, you cannot afford to settle for anything less than Draycott Browne and the quality legal representation our team provides.
If you or a loved one are seeking first-class legal advice and representation from experienced Motoring Solicitors, call Draycott Browne today.