What Is a Totting Up Ban?
A Totting Up Ban occurs when a driver accumulates 12 or more penalty points on their driver’s licence within 3 years. The accumulation of these points on your driving licence is the result of committing a variety of traffic violations, which can be resolved through the use of Fixed Penalty Notices or by a conviction in court.
If you are unable to provide evidence of a sufficient legal basis to escape the driving ban, the court will usually impose a driving restriction that lasts for at least 6 months once you have accumulated 12 penalty points.
What Driving Offences Commonly Lead to a Totting Up Ban?
Your licence could be affected by several offences, such as:
- Speeding offences
- Driving without insurance
- Using a mobile phone while driving
- Failure to stop or report an accident can result in points on your driving licence.
- Driving without due care and attention
- Traffic light violations
- Defective vehicle offences
Each of these offences normally carries between 3 and 6 points. Over time, the sum of points within a three-year period might pile up fairly easily, especially if you drive often for business or pleasure.
Can I Challenge a Totting Up Ban?
Yes, there are legal options for challenging or avoiding a Totting Up Ban within 56 days of the conviction. The claim that a driving ban would cause exceptional hardship is the one that is discussed the most often.
Defences and Mitigating Strategies to a Totting Up Ban
1. Exceptional Hardship Argument
The most popular method for avoiding a Totting Up Ban is to demonstrate Exceptional Hardship, which can be crucial if you are close to 12 points. This does not mean inconvenience; it must have a substantial and long-term impact on you or others who rely on you.
The court may consider:
- Loss of employment if driving is essential to your work
- Impact on caring for a disabled or elderly relative
- Financial strain on your family or employees
- Lack of viable transport alternatives for your dependants
Strong evidence, such as the following, is required to support this claim.
- Payslips
- Employer letters
- Medical records
- Character references
Your case can be strengthened and presented more effectively with the assistance of a lawyer who specialises in traffic defence law.
2. Appealing a Conviction or Penalty Points
If you think that any of the penalty points were imposed unfairly, for example, due to a mistaken identity, a lack of evidence, or a procedural error. You may be entitled to challenge the conviction or appeal the penalty.
If successful, the points within a three-year period may be deducted, keeping you under the 12-point limit.
3. Special Reasons Argument
In certain rare situations, you may be able to claim “special reasons” relating to the crime itself. If you drove without insurance but believed that you were insured, for instance, a court can accept this and decide not to add points to your record.
How Long Does a Totting Up Ban Last?
- First ban: Usually 6 months
- Second ban (within 3 years): 12 months
- Third or more: Up to 2 years of disqualification from holding a driving licence.
Once the ban is fulfilled, your licence is free of points; nevertheless, insurance costs may increase, and certain companies may be less likely to recruit drivers with recent disqualifications.
How Criminal Defence Lawyers Scotland Can Help
At Criminal Defence Lawyers Scotland, we have extensive experience defending clients against Totting Up Bans and other driving offences. Our solicitors will:
Review Your Licence and Offences in Detail
We’ll look at your present position to identify the best course of action, whether that means filing a hardship case or appealing wrong points.
Prepare and Present Your Case for Exceptional Hardship
We’ll work with you to gather evidence, develop convincing arguments, and effectively deliver them in court.
Represent You in Court
Across Scotland, our lawyers who specialise in motoring law make regular appearances in the courts. When it comes to fighting for the greatest possible outcome, we will be by your side.
Prevent Future Disqualifications
We can also provide you with advice on how to avoid incurring more fines and maintain a clean driving record going ahead.
Conclusion
A Totting Up Ban may have a significant influence on both your personal and professional lives, especially if you are an offender facing 12 points on your driving licence. If you earn 12 penalty points on your driver’s licence within three years, you risk being disqualified from driving for at least six months. This might have serious consequences, particularly if you are dependant on the vehicle for duties related to your job, your family, or other obligations.
Fortunately, legal options exist for challenging the driving disqualification. You don’t need to go through the process by yourself, regardless of whether you are presenting an argument for Special Reasons, appealing unfair points on your licence, or bringing up an argument for Exceptional Hardship.
Criminal Defence Lawyers Scotland, a professional road traffic law firm, can help you every step of the process. Our objective is to protect both your driving licence and your means of living, starting with the evaluation of your case and continuing through our representation in court.
Don’t risk losing your licence, get expert legal help today
Totting Up Bans can have long-term effects. You don’t have to go through it by yourself, though.
Contact Criminal Defence Lawyers Scotland today at 0141 413 5800. Let our committed staff protect your driving future. Act now, before your court date; early action provides you the best chance of victory.