passenger phone learner

Can a Solicitor help me avoid a driving disqualification through totting up?

We look at totting up points and how a solicitor help you avoid a driving disqualification through totting up. If you have held a driving licence for more than two years; you are permitted to have up to twelve points on your driving licence before you face a six month driving disqualification through ‘totting up procedures’. With seemingly minor driving offences such as ‘use of a mobile phone whilst driving’, carrying a six point endorsement, it is much quicker to accumulate twelve points. As these points stay ‘valid’ on your licence for three years its even easier to reach the threshold.

Once you have obtained 12 points on your licence, it is not necessarily a certainty you will receive a disqualification.

You do have the option to present ‘exceptional hardship’ before the court to persuade the Magistrates to take your situation/circumstances into consideration. If successful this will enable your licence to be endorsed with twelve points however; you will not receive a driving disqualification and will still be permitted to drive. It is important to note you can only use an exceptional hardship argument once every three years.

For an exceptional hardship argument to be a success it is important to focus on the ‘exceptional’ element. You must also be able to demonstrate sufficient evidence in support of this. This involves identifying which elements of your day – to – day life would be affected by a driving disqualification and collating the relevant evidence to support this. For example, if you are likely to lose your employment as a result of a driving disqualification; it would benefit your case to evidence this through a supporting statement from your boss. Or if you do not wish to disclose the matter to your workplace; a copy of your contract stating a licence is essential for employment would be sufficient.

A lot of preparation is needed to produce a strong exceptional hardship argument.

This means your solicitor will spend a large amount of time discussing and determining which element of your personal mitigation could be used towards exceptional hardship. Examples of relevant personal mitigation would be :

  • Would you lose your employment if you were to be disqualified from driving?
  • How long is your commute to/from work (miles)?
  • Do you live in a rural area?
  • Do you have easily accessible public transport?
  • Do you start/finish work outside of public transport running times?
  • Do you live alone? Would you struggle to support yourself financially if you were to be disqualified?
  • Have you entered into a car finance agreement you will be liable for?
  • If you were to lose your employment, would it be difficult to find alternative employment? E.g., Does your chosen career depend on you driving.
  • Are you able to ask friends/family for a lift to/from work?
  • Do you have any medical conditions which you need a licence in order to attend appointments for?
  • Are you responsible for paying a mortgage or do you have any financial obligations, such as loans?

If those close to you would be affected by you loosing you licence, this can also form part of your exceptional hardship argument. Examples of this could be:

  • Are you self-employed? Do you employ other parties who could lose their livelihood should you receive a driving disqualification?
  • Are you married or in a relationship? Do you live with your partner?
  • Do you have children?
  • Does your partner work? Is his/her wage enough to support you both financially?
  • If you have children, are you responsible for transporting them to nursery/school/doctors/after school activities?
  • Do you care for any relatives? If so could you continue to do so without a licence?
  • Do any of your family members rely on your licence to aid them with carrying out essential tasks?

It will also help your case to provide supporting evidence such as statements from family members or friends you assist, details of your income or expenditure and character references. It can also be helpful to prepare a statement yourself outlining that you are remorseful for committing the motoring offences and how you will ensure this does not happen again. Showing humility will show the judge/s you are taking the matter seriously.

If you are facing a disqualification hearing for ‘totting up’ or have around 9 points on your licence; call one of our motoring experts on 0330 912 2124 and we can discuss your case. Everyone has a different personal situation so it’s important we talk through this in detail, to highlight the relevant factors.

Contact our solicitors today

Contact us now. Solicitors On Your Side can offer you free advice and consultations.

Contact us today by phoning 0330 912 2124, emailing [email protected], or by using our website by filling out an online form.

If you would like to find out more about recent law changes and news, make sure to visit our Latest Articles page. Our latest articles also cover a range of other topics, such as; motoring offences, personal injury claims, medical negligence claims, occupier’s liability and more.

If you would like updates about our latest articles, follow us on InstagramFacebook and Twitter.

Latest Articles

Our 4 steps to success


Make an initial enquiry

Give us a call or request a call back. We'll listen to your case and provide no-obligation advice.


Your case is accepted

Should we advise your case is worth pursuing, and you choose our services, we will begin case preparation.


We'll work on your case

With your co-operation, we'll work on your case through to completion. You may be required to provide extra evidence.


Successful Outcome

As your Solicitors, we can ensure that your case has the best possible outcome given the circumstances around it.