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Driving Licence Penalty Points Totting Up

A driver who accumulates 12 penalty points on his or her driving licence within a 3 year period, faces disqualification for a minimum of 6 months (Section 35 of the Road Traffic Offenders Act 1988). These are referred to as the “Totting Up” provisions.

It is always preferential to have advanced a speeding defence or defence to other endorsable motoring offences prior to the accumulation of points on your driving licence to avoid risking a totting up situation. Unfortunately due to the increasing numbers of speed cameras on Britain's Roads more people are finding themselves in the position that having accepted without question earlier alleged offences by way of fixed penalty, one more allegation suddenly puts them at risk of totting up 12 points or more and losing their licence.

We have helped many people in this situation by either successfully defending the latest motoring offence allegation or making mitigation representations to the court that despite accumulating 12 points or more our client would suffer exceptional hardship enabling our clients to remain on the road.

A totting up disqualification will have the effect of wiping the slate clean and once the driver resumes driving after the period of disqualification, he or she can effectively start again from zero.

Driving licence penalty points are counted from the date of commission of the offences rather than the date of the conviction. The purpose of this provision is to prevent people avoiding disqualification by delaying the Court process.

However, an allegation that a driving offence has been committed does not necessarily have to lead to a conviction. It still falls to the police/prosecution to prove the offence.

Do not simply accept the contents of a Notice of Intended Prosecution or a summons, call our specialist driving offences solicitors and we will assess your defence and ensure the best possible outcome for you.

Call 0870 164 2372 now for a consultation with a Pannone Driving Licence Offence Solicitor or Lawyer.