HomeMotoring LawTotting Up

Totting Up

Totting Up Penalty

What Is It?

Section 35 of the Road Traffic Offenders Act states that if a driver accumulates 12 or more penalty points on their driving licence within any three year period, the court should disqualify the driver for the minimum period of 6 months!

The Magistrates will look at the dates of each offence that has contributed to the “totting” to determine whether or not it was within a 3 year period. On that basis, delaying a case going to court cannot assist you if you are due to tot.

If you have 9 points on your licence and you “tot” due to 3 points for speeding being imposed by a court, they will then impose a 6 month disqualification. Following your disqualification, your licence will be wiped clean of the points that led to you “totting”.

What Can We Do

The Specialist Team at Olliers have extensive experience in “totting” cases and can discuss the options available to you and representation to deal with a totting scenario is a fixed fee. The main way to avoid a 6 month disqualification is by running what is called an “exceptional hardship argument”.

Exceptional Hardship

An exceptional hardship argument is when we attempt to persuade the court that imposing a 6 month disqualification would cause exceptional hardship. The court is mainly concerned with how innocent 3rd parties would be affected by a driver’s 6 months ban and not necessarily how it affects the driver himself.

We have an outstanding record of successful exceptional hardship arguments and very rarely run an argument that is rejected by the court meaning that the vast majority of our clients walk away from court with their driving licence in tact!

How Do We Do It

Preparation! Expertise! Persuasion!

The key to a successful exceptional hardship argument is a combination of meticulous preparation, knowledge of the legislation and a persuasive argument at court.

If you choose to instruct Olliers to help you with your case, the first step with all clients is to take a comprehensive and hugely detailed statement of mitigation which usually takes between 60 and 90 minutes. During this process our aim is to find out as much about you as we possibly can as the more we know about you and your personal circumstances the better. On the surface, many previous clients have believed that they do not have much of a case to run an exceptional hardship argument but once the surface has been scratched and every avenue has been explored, they have been amazed at just how far reaching the consequences of their ban may be and this is exactly what the court need to know.

Once this information has been collated we can give you advice on any supporting evidence that we feel may assist your argument. This may include key character references, bank statements, employer references etc.

It is crucial that the right barrister is selected to successfully run the argument. You need to remember that you are appearing in court because you have committed a number of offences that have led to you accumulating TWELVE POINTS within a 3 year period. On this basis, the Magistrates will not be impressed by an arrogant, indifferent or self assured advocate. Due to our experience, we work closely with a small pool of select Barristers from across the country that we instruct on a day to day basis and we will choose a Barrister that we feel has the best chance of persuading the court to achieve the desired outcome.

Different Options

Exceptional Hardship should only ever be used as a last resort however as any argument can only be used once every 3 years. If you face a second incident of totting within 3 years then it may be more difficult to achieve the result you want.

Many lawyers do not realise the number of different options available to somebody who faces a “totting” disqualification but there is very specific case law that we have used successfully to help us persuade the court to consider different options.

There are usually several options available to somebody in a “totting” position and it is important that you discuss your case with one of our expert motoring lawyers.

If you are facing a six month disqualification due to “totting”, contact Ruth Peters on 0808 168 0017.

Get in touch with one of our specialist solicitors today

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