What is a Totting Up Disqualification and How Does It Work?

In order to 'tott up', a driver must accrue 12 or more penalty points on their driving licence within a three-year period. Of course, this is easily done. If this should happen, you will be asked to attend the Magistrates' Court so they can consider disqualifying you from driving.

What is the Procedure for a Totting Up Disqualification?

1. You are notified of a date to attend the Magistrates' Court because of the points on your licence
2. You are not told that you can avoid the disqualification by use of an "Exceptional Hardship" argument

The court process can be stressful and time consuming. Attending the Magistrates' Court, dealing with pressure and difficult questions from Judges, Magistrates', Prosecutors and Legal Advisors can leave you feeling depleted with no chance of a successful outcome. The thought of a driving disqualification can play havoc on your peace of mind. If you are wanting clear, expert advice, speak with a Specialist Motoring Solicitor who can advise you on the best evidence to put forward at court. 

Totting Up Disqualification Sentencing Guidelines

‘Totting up’ refers to a driver accumulating 12 or more penalty points on their licence within a period of three years. When this happens, the Magistrates' Court have 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.

How Long Does a Totting Ban Stay on your Licence?

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. The ban will remain visible on your licence record for four years but will be considered spent after three years.

How do I Stop a Totting Up Ban?

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. 

A totting up argument may explain why YOU would be affected by a driving disqualification. However, it is important to consider the impact on those around you and what we refer to as 'the spill over' effect. The court are always keen to hear how your inability to drive will have an impact on those that depend on you. You have to get personal with the Court, otherwise you become another person trying to swerve a driving ban. The courts hear hundreds of Exceptional Hardship arguments on a monthly basis so tailoring the argument to ensure a successful outcome is massively important.

This is why enlisting the help of an experienced solicitor is recommended. Here at MAJ Law we can set out in great detail what evidence we require from you and provide the best legal advice to secure a credible and air-tight totting up defence.

How does Exceptional Hardship Work?

The Court come down hard on those that accumulate 12 points on their licence they will automatically consider a driving disqualification of 6 months. You will be invited to the Magistrates' Court to give reasons as to why you should not be disqualified. This is where exceptional hardship can apply. It is important that you are aware of what is needed for Exceptional Hardship. There is no definition of what constitutes Exceptional Hardship but the Court will usually consider the effect of the driving bn on you and other people that depend on you.

If the Court agree that you would suffer Exceptional Hardship as a result of a totting up disqualification they can decide to not impose the disqualification. 

Do I have to Retake My Test after a Totting up Disqualification?

The totting up ban will end and your licence will be returned. There is no requirement to retake your driving test.

Defence from Totting Up Disqualification with MAJ Law

Being disqualified from driving will have a knock on effect on almost everyone. You could be at risk of losing your job and your independence. It is therefore important that you contact a specialist motoring defence firm at the earliest opportunity so that your options can be explained to you.

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