totting up disqualification

Avoid a totting up disqualification for reaching 12+ penalty points Not Guilty Plea Defending an allegation Preparing for Court How to prepare your case for the best prospects of success. Court sentencing guidelines and the options available to the Court. A disqualification from driving may result in loss of employment or impact on caring responsibilities. Totting-up & Disqualification Totting-Up is where you accumulate points on your driving licence over a period of time which can together amount to a driving disqualification . There is no strict definition of what amounts in law to exceptional hardship. If your points tally reaches 12 or more for offences committed within 3 years of each other you will be liable to receive a ‘totting up’ disqualification. Our team of experts can advise you in respect of your motoring offence and if it is possible to avoid a disqualification. This disqualification will normally last six months and will start from the day the Court disqualifies you. Our experience in this area tells us that people are often confused when calculating the number of penalty points that are taken into account here. Totting up bans explained. All motoring offences carry penalty points but for some offences the endorsement is fixed where as for others, there is a range of points. Disqualification & “Totting Up” At SBC Motoring Law we know how important your driving licence is. Minimum period of driving disqualification. Instant Discretionary Driving Ban . If the accused has had another disqualification of over 56 days in the last 3 years, then a totting up disqualification is for a minimum of 12 months. Driving Disqualification – Totting up (12 points) A penalty point ban is also known as a “totting up” ban . The Court held that the various provisions for disqualification run in parallel with each other and are not intended to be mutually exclusive. However in such circumstances, we may be able to put forward an Exceptional Hardship Argument in respect of your mitigating circumstances. If a driver reaches 12 points, the Court must impose a totting up disqualification unless it is satisfied that exceptional hardship would be caused as a result. A Totting Up Ban is usually the result of being convicted of 3-4 minor driving offences in a 3-year timeframe. A totting up disqualification is when you accumulate 12 or more penalty points on your licence, resulting in an automatic driving ban. There are myriad potential issues with this as we discuss elsewhere. Therefore it can be advantageous to be disqualified for a shorter period as it reduces the risk of being eligible for a totting up disqualification again in the near future. Current laws dictate that if you amass 12 penalty points on your licence over a period of three years, then you should be subjected to an automatic disqualification. Under the ‘totting up’ provisions, if a driver receives 12 penalty points or more in any 3-year period, the court must order a disqualification from driving for a minimum of 6 months (Road Traffic Offenders Act (“RTOA”) 1988, s.35). As Which? The number of points will depend on the nature of the offence. The Totting Up Procedure is enforced when a driver reaches 12 penalty points within any 3 year period. A disqualification of any period, if imposed due to totting up, has the effect of wiping all penalty points off the motorist’s licence. Section 35 of the Road Traffic Offenders Act states that any driver who receives 12 or more penalty points in a three year period should be disqualified from driving for at least 6 months. The rules on totting up and exceptional hardship state that when a driver accumulates 12 or more penalty points in a 3 year period, he or she is usually subject to a ban lasting a minimum of 6 months. The minimum period of disqualification imposed under the totting up procedure is 6 months if the driver in question has not had any previous disqualifications imposed that need to be taken into account (see below). If you reach the 12-points threshold in penalty points, then you will qualify for compulsory disqualification from driving (a Totting Up Ban) for at least six months. The mandatory driving disqualification under the totting up provisions is 6 months. The calculation of driving penalty points will tally the points in the three years before the conviction. The case this time involved an LTI 2020 laser gun with video attachment. No account is to be taken of hardship that is not exceptional hardship or circumstances alleged to make the offence not serious. Avoiding Disqualification: Totting Up Defence & Exceptional Hardship. As this total grows they are commonly referred to as totting up, points. If you need help with your 12 Point Totting Up Case please call us on 020 7935 3522 or us our contact form. This can occur through the accumulation of points via several completely separate offences during the course of 36 months or if a number of offences are committed at the same time and the Court concludes that the appropriate punishment is 12 points or more. How Does The Court Decide Which Points Go Towards Any Disqualification? The period of a totting up disqualification can be reduced or avoided for exceptional hardship or other mitigating circumstances. We Can Help Save Your Licence. The rules for totting up typically state that a driver who accumulates 12 penalty points on their licence within a 3-year period, will be disqualified from driving for 6 months. Which offences are relevant to calculate the total number of points ? If he or she has had two disqualifications in the last 3 years, then the minimum disqualification is for 2 years. Successfully convincing a court that disqualification shouldn’t be imposed on the basis of exceptional hardship is a matter of timing and nuance. Totting up bans explained While some motoring offences – like failing to wear a seat belt or driving a car without an MOT – only carry fines, the majority of convictions will result in drivers receiving penalty points on their driving licence. Your risk of a totting up disqualification will depend upon the number of points on your licence at the time the offence was committed, the type of offence alleged and the severity of the incident. Once a motorist receives a ‘totting up’ driving ban, the Court will impose the statutory period of a penalty points disqualification, which is a minimum period of 6 months driving disqualification. The only benefit of totting up is that following the disqualification, your driving licence is wiped clean of points and you can begin fresh. Disqualification Period for a Totting Up Ban. A 'totting up' disqualification can be reduced or avoided if you can establish 'exceptional hardship' or other mitigating circumstances. It shows disqualification under 'totting-up' – if the total of penalty points reaches 12 or more within 3 years, the driver can be disqualified. The concept of Exceptional Hardship The court can take into account … Frequently Asked Questions . Totting Up Points Bans. The usual minimum totting up disqualification is 6 months (unless you can argue exceptional hardship) BUT – If you have one previous disqualification for a period of 56 days or more, imposed within 3 years of the date of the new offence, then the minimum totting up disqualification period rises from 6 months to 12 months. Preparation, Preparation, Preparation . If you are facing totting-up disqualification, contact our solicitors today. This disqualification can last for a period of six months up to several years, depending on whether you have been disqualified before and, if so, how long ago it occurred. Penalty Points for Multiple Charges. This process is commonly referred to as the 'totting-up procedure'. Totting Up and Exceptional Hardship - Is penalty points disqualification avoidable? Totting Up. 'totting up' Disqualification for a minimum of 6 months must be ordered if an offender incurs 12 or more penalty points within a 3 year period. If you get 12 or more points within a 3 year period you will be liable to a penalty points/totting up disqualification for a minimum period of 6 months. Any offences committed within 3 years of each other are relevant for totting purposes. A penalty point driving ban is often called a ‘totting up‘ ban and is where, under Section 35 of the Road Traffic Offenders Act, you are disqualified from driving for accumulating 12 points on driving licence within a 3 year period. Contact Davidson & Shirley Totting-up Disqualification Lawyers in Lanark, Hamilton, Motherwell, Strathaven, Barrhead, East Kilbride, Neilson & Newton Mearns, Scotland. A disqualification under totting-up has the effect of “wiping the slate clean” so that when a driver reapplies for his licence all the points that led to the disqualification are removed. Disqualification under “Totting up” procedures occurs when your conviction is recorded by the court and penalty points endorsed upon your driving licence. You will be disqualified for a period of at least six months. GET A QUOTE! “Totting Up” Disqualification. When you commit a motor offence, your licence will normally be endorsed with penalty points. ‘’Totting up’’ disqualifications are when you accumulate 12 or more penalty points on your licence within a three-year period. When this happens, by law you will be summoned to appear before a Magistrates Court and face a minimum period of six months driving disqualification. This means that, unless you can establish that you would suffer from ‘exceptional hardship,’ you will be banned for a minimum of 6 months. The clear majority of our clients are able to drive away from court! Can I avoid a driving ban? It is the date of the offence that is used to calculate the 3 year period. We can discuss your case, ascertain whether you have a good chance of success and then you can decide how you would like to proceed. Will I face disqualification as a result of ‘Totting Up’? If you have committed a driving offence and the penalty points will take you onto or over the 12 point limit, then you will face disqualification. If you are facing a totting up disqualification, then we can help you and provide free advice. The other was the system of discretionary disqualification outside the totting up system, where the consideration was and should only be whether the instant offence justified disqualification, and if so, for how long. The Court can refrain from imposing a totting up disqualification or reduce the minimum period if, having regard to all the circumstances, that there are grounds for mitigating the normal consequences of the conviction and thinks fit to order him to be disqualified for a shorter period or to not order him to be disqualified. Full Name (required) Contact Number (required) Your Email (required) House Number (required) Postcode (required) No. ‘Exceptional hardship’ is a concept defined by case law (previous court cases). As our client still faced a totting up disqualification, however, we had no choice other than to continue with the case. "Totting Up" is where a person faces disqualification from driving due to having accrued 12 penalty points on their licence within three years. Almost a million motorists in the UK are now only one conviction away from losing their driving licences, according to a survey carried out by Direct Line Insurance. You will be disqualified from driving if you accumulate 12 penalty points on your licence within a 3 year period (which is calculated from the date the offence is committed rather than the date of conviction). If a driving ban of 56 days or more had also be imposed within the relevant 3-year period, this would increase the length of the ban to 12 months as opposed to a 6-months disqualification. A totting up disqualification is for a minimum of 6 months. Our experienced lawyers will provide robust defence and set out all of your options clearly. The period of disqualification may be even longer, if you have previously been disqualified from driving.