Motoring Defence
Totting Up
If you commit a Road Traffic Offence then you are likely to receive penalty points on your driving license. The law states that if you receive 12 or more points on your driving licence for whatever offences you have committed within 3 years. Then you will face a mandatory minimum 6-month driving ban. It makes no difference if you have been caught speeding three times. Or if your 12 points have come from a drink driving offence. You will still encounter a driving ban.
The totting up of points still applies. If you receive 12 or more points on your licence you will be summoned to court and the judge will decide what length of the ban to impose on you. This is where the nature of your offences will be taken into account. It is in this very situation that having legal representation may well save your licence and avoid a driving ban completely so call our Motoring Offence Legal Team.
What is a totting up ban?
A totting up ban is when you are automatically disqualified from driving because you have 12 or more points on your licence.
In England and Wales, people who commit motor traffic offences are usually given penalty points. A minor speeding offence carries three penalty points. The most serious offences carry up to 11 points. These remain on your licence for at least four years.
The law states that you cannot accumulate 12 or more penalty points within a three-year period. If you do, you are automatically banned from driving. This is known as a totting up ban. This will last for a minimum of six months. If you have been disqualified from driving in the previous two years, you could be banned for longer
Are There Any Defences? for a driving ban
How to avoid a driving ban with 12 points
If you can prove that you will face exceptional hardship as a result of a driving ban. Then the judge may consider not imposing a driving ban. Consequently, they may be content to just add the penalty points onto your licence instead. If you drive for a living, the exceptional hardship defence could be the difference between keeping or losing your job. It is important to be able to use this defence effectively in court. To ensure the best possible outcome in these circumstances is to use a specialist motoring offences law firm, like us.
A new driver will have their licence revoked if they obtain 6 or more points on their licence within the first two years of passing their driving test. In order to be able to drive again after their ban has finished, they will need to take their driving test again. Totting up may get your licence revoked. You could try and fight a speeding offence if you think there are circumstance that contribute to your charge.
Motoring Offences and Potential Penalty Points
| Alleged Offence | Points |
| Careless Driving / Dangerous Driving | 3 – 9 |
| Failing To Stop / Report an Accident | 5 – 10 |
| No Insurance | 6 |
| Failing to Identify Driver | 6 |
| Speeding Offences | 3 – 6 |
| Driving Without A Licence | 3 – 9 |
| Contravening A Road Sign | 3 |
| Fail To Provide | 3 – 9 |
| Caught Driving On A Mobile Phone | 3 |
| Drunk In Charge | 3 – 9 |
Contact us Now
You can get in touch with us in a number of different ways. You can call us on 0333 009 6275, available 24 hours a day 7 days a week.
If you would prefer you can email us on enquiries@ashmanssolicitors.com or complete our Free Online Enquiry Form and we’ll be delighted to help you.