Totting Up

Most traffic violations carry penalty points rather than a disqualification. In today’s society we are required to drive more and more and, unfortunately, this makes it increasingly difficult to maintain a driving licence, which is free of penalty points.

When a driver’s licence is endorsed with penalty points, and the number of penalty points to be taken into account at the relevant point number twelve or more, the Court must order the driver to be disqualified for a minimum period.

Points are relevant from the date of offence to offence and not from the date of conviction. This means that delaying the Court’s process by dragging the matter out will not avoid a disqualification under the “totting up” regime.

Minimum Periods of Disqualifications

6 months: if no previous disqualification is to be taken into account 12 months: if one previous disqualification of at least 56 days within the last 3 years immediately preceding the commission of the latest offence 24 months: if more than one previous disqualification of at least 56 days within the last 3 years immediately preceding the commission of the latest offence

Whilst these periods are a minimum, there are circumstances whereby a disqualification under the “totting up” provisions may be avoided, or where a shorter period can be imposed by the Court.

The Court will not take into account circumstances of the offence that are said to make it less serious. The Court will ignore hardship unless it is exceptional. This means that any argument that a disqualification will cause mere inconvenience is likely to fail. The Court will also not consider anything which has been taken into account in the three years preceding the current offence. The purpose of disqualification is to punish the offender and so arguments that you will lose your livelihood/job will usually fail.

Anyone at risk of disqualification under the totting up provisions needs specialist representation. At Olliers motor law, we have a wealth of experience and can discuss the merits of your case with you fully.