If you are facing a totting up ban, you might be able to avoid disqualification by arguing a case of exceptional hardship. To find out more, speak to a motoring defence lawyer from our team.

Motoring defence lawyer Leeds

You can call us on 0333 009 6275. We are available to take your call 24 hours a day, 7 days a week.

You can also email us on enquiries@ashmanssolicitors.com or complete our Free Online Enquiry Form and we’ll be in touch soon.

What is a totting up ban?

totting up ban is when you are automatically disqualified from driving because you have 12 or more points on your licence.

In England and Wales, people who commit motor traffic offences are usually given penalty points. A minor speeding offence carries three penalty points. The most serious offences carry up to 11 points. These remain on your licence for at least four years.

The law states that you cannot accumulate 12 or more penalty points within a three-year period. If you do, you are automatically banned from driving. This is known as a totting up ban. This will last for a minimum of six months. If you have been disqualified from driving in the previous two years, you could be banned for longer.

What is exceptional hardship?

Exceptional hardship is when a totting up ban would cause suffering beyond what is considered reasonable.

For most people, a driving ban is a nuisance. You might have to take the bus to work, or someone else might have to pick the children up from school. But this does not amount to exceptional hardship.

Exceptional hardship is more than an inconvenience. It is when you, or innocent parties, would suffer as a result of your driving ban. Innocent parties might include your family, your employees or members of the community.

If you can show that exceptional hardship would arise because of a totting up ban. The court may be persuaded to reduce the length of the disqualification, furthermore or to let you keep your licence.

Can I argue exceptional hardship?

If you accrue 12 or more points on your licence, consequently you will automatically face a driving ban. Unless you can successfully argue exceptional hardship. You can present your case at the Magistrate’s Court, or you can ask a defence lawyer to represent you.

To find out if you can argue exceptional hardship, speak to a motoring defence lawyer from our team. We can advise whether exceptional hardship is applicable to your case. For instance, it could be argued that a totting up ban would –

  • Prevent you from caring for vulnerable or elderly members of your family
  • Cause your employees to lose their jobs
  • Prevent you from providing services to the community or charity
  • Damage your own health

Motoring defence lawyer Leeds

If you are facing a totting up ban, contact us at Ashmans Solicitors. We can explore ways to save your licence.

You can call us on 0333 009 6275. We are available to take your call 24 hours a day, 7 days a week.

You can also email us on enquiries@ashmanssolicitors.com or complete our Free Online Enquiry Form and we’ll be in touch soon.