If you have been convicted of more than one driving offence in a period of three years, you may be at risk of a totting-up disqualification. We can help.
Our lawyers can set out your options for you clearly and explore any routes there may be for avoiding or delaying a totting-up disqualification. To discuss your specific circumstances, call us now on 01555 662576 or complete our online enquiry form, and we will get back to you right away.
Are you at risk of a totting-up disqualification?
Penalty points for a driving offence remain on your licence for three years, and points from each offence accumulate. You may be at risk of totting-up if any of the following statements apply to your circumstances:
- You have received 12 or more penalty points on your licence in three years.
- You currently have nine points on your licence and are facing an additional three points for a new offence.
- You have been charged with a driving offence and the penalty points if convicted will take you over the 12-point threshold.
How can I avoid a totting-up disqualification?
When you contact our team, there are several things we can look at to see if you might be able to avoid a driving ban.
Firstly, it is important to check that all of the points on your licence were accrued in a three-year period. Points remain on your licence for four years, however totting-up only applies to points accumulated in the space of three years. The date the offence took place is vital as this is the date the court will look at when considering totting-up disqualification. It does not matter if some of your points will no longer count by the time the case goes to court.
Sometimes, the police will issue a ‘Fixed Penalty Notice’ in error. If you have nine points on your licence and you commit a further offence, you will not be able to accept the offer of a fixed penalty. When you attempt to pay the fixed penalty, the matter will be referred to court.
You can ask the court to impose a short-term ban of 56 days or less, known as a short-term disqualification. The advantage is that you may be able to work around and accommodate such a short ban. In such circumstances, you will still be left with the existing points on your licence, whereas with a totting-up ban, your licence will be cleared after the ban is finished.
Exceptional hardship defence
The exceptional hardship defence is argued when the loss of your licence would affect you more than the usual amount of suffering caused by a driving disqualification. For example, the running of your business or your family members would have to be severely affected by the disqualification. Please be aware that an exceptional hardship defence is very difficult to prove, and therefore, specialist legal advice is essential.
Special reasons defence
For this defence, it has to be proven the offence itself was committed as a result of a ‘special reason’, such as a medical emergency. If you were driving uninsured, you may have been told i.e. by your employer that you were insured at the time you committed the offence. If successful, you could have your disqualification period or penalty points reduced or, in some cases, not imposed at all.
Contact Davidson & Shirley Totting-up Disqualification Lawyers in Lanark, Hamilton, Motherwell, Strathaven, Barrhead, East Kilbride, Neilson & Newton Mearns, Scotland
If you are facing totting-up disqualification, contact our solicitors today. Our experienced lawyers will provide robust defence and set out all of your options clearly. At Davidson & Shirley, we are proud to offer an effective legal defence service that gets the results our clients need. Call us today on 01555 662576 or complete our online enquiry form and one of our lawyers will get back to you right away.