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Totting up solicitors

If you are facing the prospect of disqualification as a result of the ‘totting up’ of penalty points on your driving licence then the specialist road traffic offence solicitors at Minton Morrill can help.

Accumulating 12 penalty points over any 3-year period will lead to you being disqualified from driving for a minimum of 6 months. This 3-year period is based on the dates of the offences, rather than the dates of any court hearings. Points that have expired between an offence being committed and the hearing taking place will still be taken into account.

A driving ban can have a devastating impact on your business, family and personal life. However, with the right legal representation, it may be possible to keep your licence by demonstrating that disqualification would cause you ‘exceptional hardship’.

At Minton Morrill, our specialist road traffic solicitors have a proven track record of helping motorists in Leeds, Bradford, Hull, West Yorkshire, East Yorkshire, North Yorkshire, South Yorkshire and the wider North of England avoid a ban using the defence of exceptional hardship.

Demonstrating that losing your licence would cause you exceptional hardship can be complicated, which is why our expert legal advice is critical to making this case. Our motoring offences solicitors have decades of experience dealing with these matters, meaning we know what a court looks for to accept a defence of exceptional hardship. As a result, we can give you the best possible chance of retaining your licence whatever your circumstances.

If you are in danger of losing your driving licence due to accumulated points in Leeds, Bradford, Hull, Yorkshire or the wider North of England, our highly skilled motoring offences lawyers can help. To find out more, please contact us.

How our solicitors can help you with a totting up ban

We understand that the threat of losing your licence can be deeply worrying and many people are unsure of their legal options. We therefore aim to be as approachable and informative as possible so you can have confidence when seeking legal support for your totting up ban.

Our driving offences defence solicitors will provide a clear assessment of your situation and your legal options for retaining your licence, including the likely costs involved. We will then support and represent you through every stage of legal proceedings, giving you the benefit of our specialist expertise in driving offences and skilled advocacy so you have the strongest chance of avoiding a driving disqualification.

Using ‘exceptional hardship’ to avoid a totting up ban

In most cases, the only way to avoid a totting up ban is if you can show that being disqualified from driving would cause ‘exceptional hardship’. This means that your being disqualified from driving would cause more than mere inconvenience but would have a particularly negative affect on your life and (often the critical point) the lives of others.

There is no legal definition of what constitutes exceptional hardship and the standard you need to reach to prove this applies in your case is generally high. This means it is essential to have expert legal advice to have a realistic chance of successfully using this defence against a driving ban.

Example of the type of circumstances that may qualify as exceptional hardship include:

  • Losing your licence would cost you your job and cause you to default on your mortgage, causing your family to lose their home.
  • You run a business that is reliant on your ability to drive, so a ban would potentially cause the failure of your business and cost other people their jobs.
  • You are acting as carer for a loved one and losing your licence would leave you unable to do so.

In general, a key test for establishing exceptional hardship is the effect losing your licence would have on innocent third parties, such as your family or employees. Even where you believe this would be the case, presenting your defence in the right way with the correct supporting evidence can be complicated and confusing, which is why having expert legal support is so essential.

Frequently Asked Questions about motoring offences

How many points does it take to lose you licence in the UK?

If you accumulate 12 or more penalty points within a 3-year period, you will face a disqualification from driving for a minimum of 6 months. However, if you are a newly qualified driver, i.e. you pass your test in the last 2 years, you will lose your licence if you accumulate 6 or more points in those first 2 years after passing your test.

How long do points stay on your licence?

Penalty points will stay on your licence for either 4 years or 11 years depending on the nature of the offence that resulted in the points being added to your licence.

Offences that result in penalty points staying on your licence for 4 years include:

  • Driving without due care and attention
  • Driving without reasonable consideration for other road users
  • Failing to stop after an accident
  • Failing to report to the police within 24 hours after an accident
  • Driving or attempting to drive while disqualified, unlicensed or uninsured
  • Causing death by driving while disqualified
  • Causing serious injury by driving while disqualified
  • Causing death by dangerous, careless or inconsiderate driving
  • Causing serious injury by dangerous driving
  • Dangerous driving

Offences that result in penalty points staying on your licence for 4 years include:

  • Driving or attempting to drive while unfit through drink
  • Driving or attempting to drive while unfit through drugs
  • Causing death through careless driving when unfit through drink
  • Causing death through careless driving when unfit through drugs

How long does a totting up driving ban last?

If you are disqualified from driving as a result of totting up, you will normally be banned for:

  • 6 months – if you accumulate 12 points or more with 3 years
  • 12 months – if you are disqualified for a second time within 3 years
  • 2 years – if you are disqualified for a third time within 3 years

Do you need to apply for a new driving licence after being disqualified?

You will need to apply for a new licence before you will be legally alowed to drive again. In most cases, the DVLA should send you an application form 56 days before your disqualification is due to end and you will simply need to fill the form in and return it.

However, if you are considered a ‘high risk individual’ you will need to pass a medical exam from a DVLA doctor before being issued a new licence. For this reason, the DVLA will contact you 90 days before your disqualification is due to end to give you the extra time needed for the exam.

If you were a new driver when you were disqualified as the result of accumulating 6 or more points, you will need to apply for a new provisional licence, then retake your theory and practical tests.

Our expertise in totting up bans

Our motoring offences solicitors, based in Leeds, have been helping motorists across the North of England to retain their licences in the face of totting up bans for more than 30 years. We have a very strong track record of success in these matters, meaning if there is a defence that allows you to keep your driving licence we will identify it and provide the best possible representation in court to help you achieve a positive outcome.

Minton Morrill’s legal defence team is highly recommended by the Legal 500 and Chambers’ Guide to the Legal Profession – the two leading client guides to the legal profession. This status is based entirely on client feedback and testimonials from other professionals we have worked with, providing an honest reflect of the quality of our criminal defence services.

We are members of the Police Action Lawyers Group and have several Accredited Police Station Representatives and qualified Legal Aid Supervisors within our team, meaning we can provide legal support from the very first instance.

Minton Morrill has achieved the Law Society’s Lexcel Legal Practice Quality mark in recognition of the high standards of our legal practice and client care and we are regulated by the Solicitors Regulation Authority (SRA) ensuring that we meet the very highest legal and professional standards at all times.

Recognition for individual solicitors in our team includes the Law Society Excellence Award for Lawyer of the Year: Private Client, a Yorkshire Lawyer of the Year Litigation Award and Leeds Advocate of the Year (decided by the District Judges of the region). Several of our solicitors have also been shortlisted for Legal Aid Lawyer of the Year Awards.

Get in touch with our motoring offences solicitors in Leeds

If you are facing disqualification from driving due to totting up of penalty points in Leeds, Bradford, Hull, Yorkshire or anywhere in the wider North of England, our highly experienced motoring offences solicitors can help you.

Contact our motoring offences team now by calling 0113 345 2387 or using the enquiry form below to request a call back.

 

Our Experience of Driving Offences Claims

R v G

Lindsey Lobley secures acquittal and retention of licence for her delighted client who provided short notice instruction The defendant instructed Lindsey Lobley to represent him in what should have been a very straightforward case which was complicated by...

R v C - Successful Appeal Against Driving Disqualification

Philip Goldberg praised by the Crown Court Judge in his successful appeal of a driving disqualification imposed by Bradford Magistrates Court putting “an end to his sleepless nights” as he can stop worrying about the future of his employees and...

R v A

Business man keeps his licence This client’s wife is a Legal Advisor at our local court with over 25 years experience. She recommended he instruct Mr. Goldberg when he risked losing his licence. As a director of a family business and instrumental...
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