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Many people will accrue some penalty points on their driving licence over the course of their lifetime, be it for speeding, not adhering to a lane closure or using a mobile phone whilst driving. Often, these incidents can be dealt with by way of a Fixed Penalty Notice. The person’s licence is endorsed with three, or sometimes six, penalty points, they pay a set fine, and their life is largely unchanged, save for slightly higher insurance costs and an increased level of care taken when driving. 

However, inadvertent mistakes can happen, no matter how careful we try to be. If the points a person would receive for, say, travelling at 36mph in a 30mph zone, would take the overall number of penalty points endorsed on their licence for offences committed within a three year period to twelve or more, then the consequences of that seemingly minor offence become significantly more serious.

What is a 'totting-up ban or disqualification'?

When a person accrues (or “tots-up”) 12 penalty points on their driving licence, in any three-year period, the law stipulates that person must be disqualified from driving for at least six months. This is referred to as a “penalty points disqualification” or a “totting disqualification” and the person who has accrued the points is often referred to as a “totter”. 

If that person has previously been disqualified from driving for a period of more than 56 days in the previous three years, the minimum disqualification is increased to one year, and if they have had two such periods of disqualification in the last three years, they must be disqualified for two years. 

For most people, being without the ability to drive for six months or more will be extremely inconvenient and in many cases can lead to that person losing their job. However, the court must impose the minimum disqualification, unless they are satisfied that to do so would cause the defendant, or another person, exceptional hardship.

What can I do if I accrue 12 penalty points?

Almost every disqualification entails hardship for the person disqualified and their immediate family, but this is part of the deterrent objective of the provisions. In order to reduce or avoid a totting-up disqualification, the court must be satisfied that it is not merely inconvenience, or hardship, which would flow from the disqualification, but exceptional hardship. This is a very high bar.

If a defendant wishes to put forward an exceptional hardship argument, the burden of proof is on them, to prove that on the balance of probabilities, they, or someone else, would be caused exceptional hardship if they were to be disqualified from driving. In order to do this, in most cases, the defendant will need to give evidence, on oath, at a Magistrates’ Court hearing and provide documentation that backs up their oral evidence, demonstrating the degree of hardship that would be suffered. 

If you have received notice that the court is considering disqualifying you from driving on the basis that you will accrue too many penalty points, our experienced and specialist traffic lawyers can advise you on the strength of an exceptional hardship argument based on your circumstances and, should you wish to put forward an exceptional hardship argument having had that advice, prepare your case and represent you at court. Please get in touch with the team via info@leathesprior.co.uk or call 01603 610911.