Regardless of how a motor offence is dealt with, the vast majority of those whom enter a Guilty Plea will result in penalty points being imposed. There are a vast amount of offences in which penalty points are imposed on someone’s driving licence, including offences such as speeding, driving without insurance and mobile phone use. For anyone who receive 12 or more points will find that they’re subject to a totting up disqualification

A totting up ban is essentially a mandatory disqualification from driving that lasts for at least six months. The effects of a totting up can mean different things for different drivers. For example, those who use their vehicle for employment could find that they’re not able to maintain a living, whereas those that use the car for travel will need to make other arrangements.

It’s also worth noting that just because a six-month ban is a minimum doesn’t mean that a longer ban isn’t possible. For example, if you have had a previous disqualification, then the ban could be longer.

Once a ban comes to an end, the driver’s licence is returned with all points ‘wiped clean’ and removed from being active on the driving licence.

Avoiding a Totting Up Ban

Although such measures are put in place to ensure that roads remain safe, there will be drivers that feel that a totting up ban has been applied unfairly or that they cannot cope with a 6 month+ disqualification. There are instances where a totting up ban could be avoided in some circumstances.

Where appropriate it may be as simple as the driver accused did not commit the offence. This would mean entering a not guilty plea and challenging the allegation. However, this can only be used if you genuinely weren’t guilty of the offence. There may be times when the police have misunderstood the nature of the offence or where a defence of some sort applies. This would mean that imposing penalty points and being subject to a ‘totting’ disqualification would not be appropriate as you were not guilty of the offence.

In some circumstances, the court could also consider a special reasons argument, which shows that an offence took place, but circumstances have been established regarding the incident which mean that the driver should not be subjected to having penalty points endorsed on their driving licence. Therefore not becoming within the scope of a ‘totting’ disqualification.

In other circumstances when facing an allegation which would normally mean the imposition of penalty points onto your driving licence, it may be possible to merely convince the Court to use their discretion and instead of imposing penalty points may be able to be convinced to instead impose a very short, sharp disqualification, possibly as short as a week or two.

It goes without saying that a totting up ban can cause significant issues and problems for those that rely on their vehicle daily, especially those who use a car for work. As such, if there is any reason why the totting up ban has been imposed in error, then it’s important to seek professional assistance and representation as soon as possible.

If you are at risk of a ‘totting’ disqualification, the use of a legal professional can often make avoiding a ‘totting’ disqualification and highlighting any considerations the Court must be aware of a lot easier than going it alone unrepresented.

We have been dealing with motor offences for a number of years and understand how serious a totting up ban can be, which is why it ensures it offers a service of professional advice on what the options are in your specific circumstances and what the next steps are in relation to your possible totting up ban.

If you feel a totting up ban has been applied in error, or you just need some advice on the steps that need to be taken, then why not get in touch with us to discuss your circumstances in more detail.

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