Help, I’ve got nine points on my licence and I’m about to get three more!
The imposition of 12 penalty points or more within a three-year period (running from the date the offence occurred) will result in you being disqualified for 6 months under the totting up rules. (s35 Road Traffic Offences 1988).
Generally only Magistrates can disqualify you from driving which means that not only will you face a lengthy ban you will also be summoned to court for a court hearing, in front of the Magistrates.
The prospect of a driving ban of this length combined with the stress of a court appearance can be overwhelming. For example, not being able to drive for 6 months might put your livelihood at risk, meaning you can’t keep up with rental or mortgage payments on your home. Your employees, family and those dependent on you may also suffer devastating consequences from the fall out of your driving ban.
Exceptional Hardship
If the Court accepts that if banned, you and others would suffer Exceptional Hardship, the Magistrates can exercise their discretion and still award the penalty points, but not disqualify you from driving.
But, and it’s a big but, the reasons you put forward have to be “exceptional”. The Magistrates are very experienced at dealing with these types of arguments and have heard hundreds of similar cases. “Great inconvenience” won’t cut it, the reasons have to be exceptional which is why we recommend you instruct a solicitor to represent you, so that you have the best possible chance of putting forward a case to persuade the Magistrates to use their discretion.
Its OK, because by the time I get to court, 6 points will have come off my licence.
It doesn’t matter. You can still be banned from driving even if you have no points on your licence when you get to court. The date the offence happened is the date you will be sentenced from. If you have sufficient points on your licence that will tip you over 12 penalty points once the latest ones have been added, you will still face disqualification.
Why Scotts Wright?
Scotts Wright solicitors regularly attend Magistrates Courts to represent our clients with these cases. We have a great success rate and will tell you straight whether we believe you have the arguments to meet the discretion threshold.
Scotts Wright will agree a fixed fee with you in advance of the hearing so you know what your case will cost.
Scotts Wright only act for privately paying clients, we do not offer legal aid. In the vast majority of cases we undertake, our clients have never been to court before. The experience can be extremely daunting and even the most confident of people can become tongue tied and forget what they were going to say. We will ensure you are prepared, and your very best case gets put forward.
If you would like to find out more about how Scotts Wright can help with Totting up cases or any other driving offences, please contact Estella Prince at the Catterick Garrison office on 01748 832431 or email enquiries@scottswright.com