Totting-Up is where you accumulate points on your driving licence over a period of time which can together amount to a driving disqualification. 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.
Under Section 35 of The Road Traffic Offenders Act 1988 a driver who amasses 12 points within a 3 year period faces disqualification for a minimum of 6 months under the ‘Totting Up‘ provisions. There are even tighter regulations for new drivers, detailed below.
Points are counted from date of commission of the offence rather than date of conviction so a delay in the court process will not make any difference to your being caught by the ‘Totting Up’ rules.
If you face a ban under this provision, perhaps the only benefit of a ban under s.35 is that it can wipe your licence clean of all points. The disadvantages are obvious, including loss of employment, loss of income, worry and stress and very often humiliation. We have consistently succeeded in persuading Magistrates to find Exceptional Hardship numerous cases allowing our clients to continue to drive even with 12 points on their licence.
There is no legal definition of what exceptional hardship is. There is guidance to suggest that if Magistrates wish to accept an argument of Exceptional Hardship, the hardship must be more than a defendant losing their job. To win an argument of Exceptional Hardship before the Magistrates you need represnetation by experts. Mansouri & Son Solicitors are consistently Delivering Results through Excellence. The purpose of the ‘Totting Up‘ rules is to punish the repeat offender and cause hardship to them. However, the defendant or, in many cases, others connected with the defendant such as a spouse, children or even an employer or employees, are not intended to be caused hardship that is beyond the intentions of the ‘totting up‘ provisions.
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Since 1997 new drivers face a 2 year ‘probationary period‘ during which they face automatic revocation of their licence if they amass 6 or more points during this period.
Exceptional Hardship arguments can not be presented in this situation as the court is powerless in deciding the penalty once 6 or more points have been given. However, it would be open to a new driver to defend a prosecution and a new driver could appeal against such a conviction. Although they can not appeal against a decision for a licence to be revoked. However; a new driver whose licence is revoked, could apply for to legally drive under the terms of a provisional licence. Although they must retake their driving test from scratch if they wish to drive under the terms of a full licence.
The Road Traffic law is changing almost on a daily basis it is therefore imperative to seek expert advice. Where you are under investigation for such offences you should not discuss any aspect of your matter with the police or at court until you have obtained expert advice. Since Legal Aid is no longer available for most Road Traffic Offences we have a highly competitive fee structure including fixed fees and hourly rates starting at just £99 plus VAT, making expert professional help available to even the tightest budget and in successful cases we will claim back all your costs from the Prosecution for you.
If you or someone you know has been arrested we can act immediately and can be contacted 24 hours a day in an emergency on 07966 259252
The team is led by Dr Cyrus Mansouri and Mr Shaffiq Amin
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020 8401 7352
Emergency Number 24/7: 07966 259252