Are you at risk of losing your licence due to the ‘totting up’ rule? Then here is everything you need to know, including when you might be able to run an exceptional hardship argument.
What is ‘totting up’?
Totting up is when a driver in the UK accumulates 12 or more penalty points on their driving licence within a 3-year period. If you have 12 or more penalty points imposed on your licence, then you could face a minimum disqualification.
How long will the totting up disqualification be?
The minimum disqualification you will face will be 6 months; however, if you have been disqualified from driving for a period of more than 56 days in the previous 3 years, then this minimum disqualification increases to a period of 1 year.
You will face a 2-year disqualification if you have had 2 or more incidents of 56 days or more disqualifications in the previous 2 years.
If you would like advice on any of the information covered in this article, please contact our expert Motoring Offence Lawyers by completing our online enquiry form.
What offences attract penalty points?
There is a large range of driving offences which can attract penalty points, but here are a few of the most common ones;
1. Speeding
2. Using a mobile phone whilst driving
3. Careless or inconsiderate driving
4. Failing to stop/report an accident
5. Driving without insurance
6. Dangerous driving
Exceptional hardship argument
Exceptional hardship is a legal argument which could lead to avoidance of a disqualification or a reduction in the length of a disqualification.
The burden of proof is on the defence to prove that exceptional hardship will occur, and you need to show that there will be hardship to others as a result of you losing your licence. The loss of employment alone is not enough to prove exceptional hardship, as the hardship suffered needs to be more severe and further reaching.
Exceptional hardship is a complex legal argument, and it is important to seek legal advice.
Examples of exceptional hardship
It goes without saying that the hardship suffered must be ‘exceptional’ and the impact must be to the driver or other people who rely on them (usually family members/dependants). The court looks for more than inconvenience to a driver and will take into account all the consequences a driving ban may have.
If you are the sole carer for someone who is unable to drive due to health conditions or a disability, then this may constitute exceptional hardship.
If the loss of your licence would result in losing your employment, and the loss of your job has a serious impact on others, this might constitute exceptional hardship.
Even if you fulfil one of these examples, it is a high threshold to pass and will not automatically be successful. It is important to remember that it is not sufficient to show that you will lose your employment; you need to prove to the court that the loss of your licence will significantly impact the life of someone else who is reliant on you being able to drive.
There are other reasons you can run an exceptional hardship argument, but this is a complex legal argument and is determined on an individual case by case basis. If you think you may have grounds for exceptional hardship, then get in touch with us today for tailored legal advice from one of our motoring law specialists.
Evidence to help prove exceptional hardship
There are many ways you can help prepare for your exceptional hardship case. It would be worth gathering financial information to detail the impact your loss of employment would have, for example, if you are the sole earner in your household and you are at risk of losing family housing as a result.
If you are a sole carer or the only person who can drive in the household with someone whose health care is reliant on your licence, then it is useful to obtain medical evidence for the person you care for.
What happens if you run a successful, exceptional hardship argument?
In the event the court is persuaded not to impose the minimum disqualification, you will still have your driving licence endorsed with 12 or more penalty points, which will remain active on your licence for a period of 3 years. Therefore, it is important to remember that should you be convicted of a further offence which attracts penalty points in the following 3 years, then you will likely be disqualified as you can only run an exceptional hardship argument on the same grounds once every 3 years.
Contact our Motoring Law Specialists
Lydia Etheridge is one of the leading motoring offence defence lawyers in Oxford and the Thames Valley, who has many years of successful experience when dealing with such cases.
Contact us at Lewis Nedas Law via our online enquiries form.