The “totting-up” procedure in the UK can result in a driver’s disqualification if you accumulate 12 points within three years. This article explains the “totting up” process, discussing possible defences and how solicitors can help you appeal against disqualification. Drivers need to understand these issues. First and foremost we always recommend contacting a reputable solicitor, such as those at 1 Motoring Solicitors Cardiff, who can offer professional guidance and representation.
Understanding the “Totting Up Process”
Topping up is initiated when a driver has accrued 12 penalty points in three years. Points can be earned for a variety of offences, ranging from careless driving and speeding to more serious offences like driving while under the influence. After the threshold has been reached, a summons is usually issued to the driver in court for possible disqualification.
The Duration of Disqualification
Six months is the minimum disqualification period under the system of totting up. If the driver was previously disqualified, however, the period may increase to two years for the second disqualification and one year for the subsequent ones. The duration of the disqualification can be affected by the severity and previous record of the driver.
Defences against “Totting up”
- Hardship: The argument of exceptional hardship is one of the most popular defences to disqualification. It is necessary to demonstrate that you or other people would suffer extraordinary hardship if your license were to be revoked. Some examples include a significant impact on your employment, severe consequences for family members, or responsibilities in critical care.
- Procedural Defences: These defences involve identifying errors in the way offences were recorded or handled. Points may be invalidated if procedural errors are discovered.
- Mitigating Situations: While less common, it is possible to use extenuating circumstances to reduce the penalties that are usually associated with points.
How Solicitors Can HelpAdvice on the best course of action
A lawyer can give you crucial advice about whether to plead guilty or contest points based on evidence and specific circumstances.
Prepare for an exceptional hardship argument
They are well-versed in the art of constructing compelling arguments for exceptional hardship. They can assist in preparing documentation and testimony to communicate the hardships that could result from disqualification.
Representing you in court
Professional legal representation can have a significant impact on the outcome. A solicitor can present your case convincingly by referencing relevant legal precedents and arguing for the lowest possible penalty.
Appealing a decision
If disqualification is inevitable, lawyers can help you appeal the decision. This is especially true if there are new facts or evidence to support the argument that the court made an unreasonable decision based on evidence.
Conclusion
There are many ways to defend yourself and appeal if you have 12 points on your driving license. A solicitor’s guidance and expertise are essential in helping you navigate the complexities of totting up and achieving the best outcome. To protect their driving rights and minimise the impact of a potential disqualification, drivers should seek specialised legal counsel from reputable solicitors.
