Totting up – How to avoid a 6 month totting up ban:

If you are facing additional points being added to your licence then we understand how you must feel; particularly if those extra points could result in a 6 month totting up ban. Your business, job options and whole life could be on the line.

Fortunately, due to our extensive knowledge and experience of totting up laws and their application we can confidently say that most licences can be saved. How do we know this? Because the expert totting up solicitors who work for us have been doing it for years.

At Ashworth Motoring Law we have particular expertise in keeping our clients on the road through making applications to the Court which emphasise the devastating effect that the usual 6 months driving ban would have on you and others. The result of our applications could mean that you receive no ban whatsoever.

The potential consequences of a totting up ban are drastic and could include:

  • The loss of your employment
  • Difficulties in your financial situation; How would you pay your bills if you were to lose your job?
  • The loss of employment of people who work for you if your business were to crumble as a result of your ban
  • Difficulties getting to various appointments, medical or otherwise
  • You may not be able to get your children to school or their out of school activities on time using public transport
  • You may end up letting people down who have previously relied on your ability to drive.

The list is truly endless and will be different for everyone. That’s where we can help.

Our specialist totting up solicitors take a “no stone unturned” approach to preparing your case and will not rest until your case in mitigation is as at its strongest to persuade the Court to be as lenient as possible on you.  We take the time to truly understand you and those around you in order to present a case to the Court which is totally unique.

Our experience and expertise in totting up cases means that through the use of proven techniques, we can give you the best possible chance of saving your driving licence.

If you need to avoid a 6 month totting up ban then call our free motoring law helpline on 0330 33 22 770 so our specialist totting up solicitors can assess your circumstances and discuss the ways that we can keep you on the road. Lines are open round the clock so get in touch whenever’s best for you. 

Click HERE to read a recent testimonial from one of our clients who kept his driving licence despite totting up thanks to representation by Ashworth Motoring Law.

The Legal Consequences of Totting Up too many Penalty Points on your Driving Licence

If a driver accumulates 12 points within a three year period then the default sentence of a 6 months ban from driving will be imposed. It doesn’t matter how the points are accumulated; you could have received four fixed penalties of 3 points over a 3 year period, or your could be unlucky enough to have been convicted of having no insurance last year and failed to furnish information this year. Either way the result is the same; 12 points on your licence and the disastrous consequences of a 6 month driving ban which could follow.

Totting up too many penalty points is easy to do, but difficult to get out of, unless you know the law as we do.

How our specialist totting up solicitors can help you

There are a number of ways out of a totting up ban:

Exceptional hardship argument

Our careful analysis of your circumstances could lead to the identification of grounds for an exceptional hardship argument which we could make in Court to save your licence.

BY MAKING A SUCCESSFUL EXCEPTIONAL HARDSHIP APPLICATION IT IS POSSIBLE FOR YOU TO WALK OUT OF COURT WITH NO DRIVING BAN WHATSOEVER.

So what is exceptional hardship?

The law does not define exceptional hardship however previous case law suggests that the hardship must go beyond the usual levels of hardship which is expected with a 6 months ban from driving. That being said, our specialist totting up solicitors have built winning cases where exceptional hardship was found based on surprisingly few facts that would be considered out of the ordinary.

The key to our success is in the way that we prepare and support our cases. Due to our experience in putting forward successful exceptional hardship arguments, we have an awareness of which arguments work, and which don’t. We tailor our search into your personal circumstances and apply our knowledge to the specific facts of your case and build a case which emphasises the devastating effects which a six months ban from driving would have not only on you but also on others. You may have a child who would suffer if you were unable to take them to football practice on time, or you may face the loss of your job which could result in difficulties in paying the family mortgage. Worse still, your whole business could collapse if you were unable to make long distance appointments on time, resulting in potential job losses for the people who you employ.

Having an specialist totting up solicitor on board to prepare and present your case could mean the difference between winning or losing an exceptional hardship argument.

To discuss a possible exceptional hardship argument in your case with one of our expert totting up solicitors, please contact our free motoring law helpline on 0330 33 22 770.  We look forward to hearing from you.

It may be possible to keep you below 12 point and prevent you from totting in the first place

Offence damage limitation

Some driving offences such as speeding, and careless driving carry a range of points which the Magistrates are able to impose. By presenting enough quality information to minimise the seriousness of the offence it is possible to keep you under the totting up threshold by persuading the magistrates to impose fewer penalty points than they otherwise might have done.

For example, you may have 6 penalty points on your driving licence but have now been caught driving at 46mph in a 30mph zone. The Speeding – Sentencing Guidelines suggest that you now face 4-6 points on your driving licence. If 6 points are imposed then you would now have 12 points on your licence. You would “tot up” and face a 6 months ban from driving. If on the other hand your case is presented in such a way as to persuade the magistrates to impose only 4 points rather than 6, you would now have just 10 penalty points on your licence and would live to drive another day.

Discretionary short term driving ban

In some circumstances, you may prefer us to seek a short term disqualification from driving instead of penalty points. If this suggestion is accepted by the Court, then it works because the Court cannot impose penalty points and a driving ban at the same time. Offering to serve a two weeks ban from driving as punishment for committing an offence which carries 6 points such as failure to furnish information can therefore prevent a person who already had six points on their driving licence from totting up, and ultimately keep them on the road.

How our specialist totting up solicitors can help you keep your licence

No matter what your circumstances are, there is always lots that we can do to help. Going to Court is a frightening experience for most people, and this might be the first time you’ve ever come into contact with the criminal justice system.  Don’t worry. Our specialist totting up solicitors are on hand to guide you through this process and fight your corner every step of the way.

We prepare your case well in advance of your Court date and will not rest until your case in mitigation is at its strongest to persuade the Court to be as lenient as possible on you. Our caring yet detailed approach will not only ensure that the best outcome is secured in your case but will also ensure that you can sleep easy in the knowledge that you don’t have to go through this experience alone; your specialist totting up lawyer will work relentlessly to make this process as easy as possible for you. Visit our dedicated guilty plea and mitigation page for further information on what we can do for you or call our free motoring law helpline 0330 33 22 770 to speak to a specialist totting up solicitor and discuss how a outstanding result can be achieved in your case.

Click HERE to read a recent testimonial from one of our clients who kept his driving licence despite totting up thanks to representation by Ashworth Motoring Law.

Call our Motoring Law Helpline for some Free Legal Advice regarding your Totting Up case from an Expert Totting Up Solicitor who Specialises in Avoiding 6 Month Totting Up Disqualifications

We are always happy to talk through your options and provide expert legal advice and guidance which could result in the prevention of a 6 month disqualification from driving under the totting up rules.

Free legal advice in totting up cases from the specialist totting up solicitors at Ashworth Motoring Law