Avoiding a Driving Ban - Totting Up

Accumulated Twelve Points on your Licence? Worried About a Driving Ban? When keeping your licence could mean keeping your livelihood make sure you have the best possible representation both in and outside court.

Accumulating twelve penalty points or more means that you could receive a driving ban under the

‘totting-up’ process. Once you reach twelve points the court can impose an immediate driving ban for a minimum of six months.

The only way of avoiding a driving ban if you are a “totter’ is to persuade the Magistrates that a ban will cause you ‘exceptional hardship. See our Guide to Avoiding a Driving Ban – Totting Up.

This will usually involve proving to the court that a ban will cause you real hardship or third parties (a

dependent relative for instance) who will be affected. Examples include:

• Loss of employment

• Loss of home

• Disability

• Inability to care for a loved one

• Risk of redundancies

If you are at risk of disqualification and wish to argue exceptional hardship simply standing in court

and stating that you will lose your job for example may not be enough. T

he Court will investigate and consider any request not to disqualify you. It is therefore important that any argument is thoroughly prepared and presented, along with appropriate supporting evidence.

If we can demonstrate that ‘exceptional hardship’ would arise, then the court has a discretion not to

ban you at all or to ban you for less than six months. We have dealt with numerous exceptional hardship arguments on behalf of our clients and appreciate that thorough preparation and presentation of your case is essential to persuading the Court to exercise its power not to disqualify you.

If you find yourself facing an investigation or prosecution for a motoring offence, please call our offices on our 24 hour helpline on 0203 858 0853.