12 Points on Licence: Understanding the ‘Totting Up’ Driving Ban

If you have accumulated 12 points or more on your driving licence, known as reaching the ’12 penalty points’ threshold that triggers disqualification and legal procedures, Cartwright King’s specialist Motoring Offence Lawyers will do everything they can to prevent a driving ban. Benefit from our high success rate helping UK motorists to avoid a totting up driving licence disqualification.

For fast, efficient and effective legal advice and representation, get in touch with our Driving Offence team now.

Introduction to Totting Up

Totting up is the process by which UK motorists accumulate penalty points on their driving licence over a three-year period. If you reach 12 or more penalty points within this timeframe, you face the real risk of a totting up ban—a driving ban imposed to penalize repeat offenders and encourage safer driving on the roads. The totting up procedure is a key part of the penalty points system, which tracks driving offences and assigns a specific number of points to your licence for each offence committed. The more points you accumulate, the closer you come to a disqualification, making it essential for drivers to be aware of their current points total and the potential consequences. Understanding how the totting up system works can help you avoid a ban and protect your driving record.

How Cartwright King Can Help Prevent Losing Your Driving Licence

Amassing 12 points or more within three years on your driving licence leaves you facing disqualification. Cartwright King can help build your case where appropriate to prove that you, or others, will face ‘exceptional hardship’ if you lose your driving licence, preventing a motoring ban. We can help with:

• Reviewing all the circumstances of your case, including your complete history of offences and legal background
• Building a strong case by gathering evidence and presenting your circumstances
• Representation in Court
• Legal advice throughout your case

The court is required by law to impose a disqualification unless you can show exceptional hardship. In deciding whether hardship is truly exceptional, the magistrates will consider your driving history and personal circumstances.

A ‘Totting Up’ Ban: How 12 Points Are Accumulated On A Licence

There are five ways to accumulate ‘endorsements,’ also known as penalty points, on your licence. Each motoring offence is assigned a specific penalty point value. Depending on the severity of the driving offence, the number of endorsements given will vary; for example,

• Speeding points – the minimum number of points is 3, and up to 6 points are put on your record depending on the specific case
• Using a mobile phone – the minimum number of points is 6, which are given when a driver is using a mobile phone while driving
• Driving or attempting to drive with excess alcohol – this offence does not carry penalty points. Instead, it usually results in an immediate mandatory disqualification of at least 12 months. However, being “in charge” of a vehicle while over the alcohol limit carries 10 penalty points.
• Driving without care or attention – the minimum number of points is 3, and up to 9 points are given depending on the circumstances
• No insurance – the minimum number of points is 6, which are put on record when a driver is uninsured.

Many minor offences are dealt with by issuing a fixed penalty notice, allowing drivers to accept a penalty and penalty points without going to court. However, if accepting the penalty would take you to 12 or more points, the offer will usually be refused and your case automatically referred to court. The more offences you commit, the more points you will accumulate.

When 12 points are ‘totted up’ within three years, a driving ban is imposed. The minimum ban length depends on your history:

• 6 months if you have not been disqualified for 56 days or more in the last 3 years
• 12 months if you have been disqualified once for 56 days or more in the last 3 years
• 2 years if you have been disqualified twice for 56 days or more in the last 3 years
  A driver in this situation is often referred to as a “totter.”

However, there are ways to reduce your number of points and save your licence.

12 Points But No Driving Ban

For some drivers, it may be possible to avoid a ‘totting up’ ban, even if you have accumulated 12 points on your licence. While awaiting the outcome of your court hearing, you may be able to continue driving unless a disqualification is imposed immediately. If a magistrates’ court agrees that you, or those you are responsible for, would experience ‘exceptional hardship’ as a result of your disqualification, the driving ban will not be imposed. However, the penalty points will remain on your licence.

However, for this ruling to be made, sworn evidence must be presented in a Magistrates’ Court hearing.

What is Exceptional Hardship?

When a person reaches 12 points, the law requires Magistrates to disqualify them for at least 6 months. It is recognised that everyone who is disqualified from driving will suffer some hardship and inconvenience. That alone will not enable a ban to be reduced or avoided. What must be shown is that any hardship caused will be “exceptional”. 

Whilst the hardship may affect you, the hardship to others affected by your ban will carry great weight with the courts. ‘Exceptional hardship’ arguments must go above and beyond the obvious inconveniences that losing your driving licence would cause. 

In order to successfully prove ‘exceptional hardship,’ you must demonstrate that your daily life or livelihood would be impacted beyond the obvious inconvenience that losing your driving licence would cause.

Examples of such arguments include, but are not limited to:

• Loss of your work or business, particularly if that means others might lose their work
• Loss of your job may mean you can no longer pay your rent or mortgage and your family may lose their accommodation
• If your health means that you rely on your vehicle for mobility and cannot use public transport
• The hardship caused to someone for whom you care where they are heavily dependent on you
• Hardship caused to your children or other family members if you are not able to drive them and enable them to meet their commitments

The Court will review your circumstances, and you will have to give evidence on oath about your situation. This is a very complex area of law and it can be difficult to present ‘exceptional hardship’ arguments effectively. That’s why you should speak to one of our Motoring Solicitors for help preparing and presenting your case.

Court Appearance

When a driver reaches 12 or more penalty points on their licence, they are required to attend court for a hearing. This court appearance is your opportunity to present your case and potentially argue against an automatic driving ban. You must attend court in person, where the magistrates will review the circumstances of your offences, your complete driving record, and any previous disqualifications. The court must impose a driving ban unless you can successfully prove exceptional hardship. In considering whether hardship is truly exceptional, the magistrates will look at your driving history and personal circumstances. It is crucial to prepare thoroughly for your court hearing, as the outcome can have a lasting impact on your ability to drive.

The Outcomes Of Your ‘Exceptional Hardship’ Case

Should your ‘exceptional hardship’ argument be ruled unsuccessful by the Magistrates’ Court, then you will be banned from driving for a minimum of six months. After the driving ban, all points on your licence will be wiped clean.

However, if the court agrees with your ‘exceptional hardship’ case, you will not be disqualified from driving. Instead, you will be allowed to legally drive with 12 or more points on your licence. Should you receive any additional points after this ruling, then you cannot use the ‘exceptional hardship’ case again for another 3 years. If you accumulate 12 points again and face a second disqualification, the ban will be longer than the first. This process is known as a totting up disqualification.

If you are banned from driving for 56 days or more, you may need to apply for a new licence before you can drive again. In some cases, you will also be required to retake your driving test in order to regain a full licence.

For new drivers, the rules are stricter. If a new driver accumulates 6 or more points within two years of passing their driving test, their licence is revoked. They must apply for a new provisional licence and pass both parts of the driving test again before they can obtain a full licence. New drivers are subject to these additional requirements to ensure road safety.

Consequences of a Ban

A driving ban resulting from totting up penalty points can have far-reaching consequences for drivers and their families. Losing your driving licence can mean the loss of employment, especially if your job relies on being able to drive. It can also lead to increased costs, such as having to rely on public transport or taxis, and can make it much harder to fulfill daily responsibilities like caring for family members or managing household tasks. The impact of a ban often extends beyond the driver, affecting immediate family and even colleagues who depend on your ability to drive. For many, the loss of a vehicle can disrupt daily life and create significant hardship, making it vital to take every possible step to avoid accumulating penalty points and facing a driving ban.

Insurance Implications

Having a driving ban or a high number of penalty points on your licence can significantly affect your car insurance. Insurers view drivers with penalty points or a driving ban as higher risk, which often results in increased premiums or stricter policy conditions. In some cases, insurance companies may even refuse to provide cover to drivers who have been banned or have a history of motoring offences. This can make it more difficult and expensive to get back on the road once your ban is over. To avoid these insurance implications, it is important to minimize the risk of accumulating penalty points and to drive responsibly at all times.

Prevention

To avoid a totting up ban, drivers should always be mindful of the number of points on their licence and take proactive steps to prevent further motoring offences. This includes staying up to date with the rules of the road, avoiding risky behaviors such as speeding or using a mobile phone while driving, and responding promptly to any fixed penalty notices or court summons. Regularly checking your driving record can help you keep track of your points and take action before reaching the 12-point threshold. By driving safely and responsibly, you can protect your licence, avoid a ban, and maintain your independence on the road.

Benefit From An Initial Telephone Conversation Regarding Your 12 Points On Your Driving Licence

If you have 12 points on your driving licence and you face disqualification, you can benefit from an initial telephone call with a specialist Cartwright King Driving Offence Solicitor to assess your options.

There’s no substitute for speaking to one of our specialist solicitors to get the right advice, and the best action to take to protect your driving licence.

For immediate action, contact us today for your initial discussion with us.

The discussion is completely informal and confidential and is an opportunity for us to:

• Get to know you 
• Understand your situation
• Agree how you want to proceed

Why Choose Cartwright King For Driving Offence Defence?

If you face losing your driving licence under the 12 points totting up ban, having an experienced Driving Offence Solicitor representing you is often the difference when it comes to avoiding a driving ban.

and we genuinely care about keeping you on the road. That’s why we offer sound, honest, reliable legal advice to ensure that you understand your rights when facing totting up charges.

If you wish to appeal a driving ban or disqualification imposed by the Magistrates’ Court, your case can be taken to the Crown Court for further review.

We know that totting up charges can be damaging to your daily life and potentially affect your employment.

That’s why we will do everything we can to clear you of wrongdoing or minimise any action against you.

We’re committed to defending your legal rights and protecting your driving licence against a totting up ban, ensuring that you’re treated fairly throughout your case. When you need us most, we’ll be there to offer sound, sensible legal advice and sure guidance.

We’re a trusted, resourceful Legal 500 top tier law firm with specialist solicitors that are calm under pressure, giving you defence counsel that you can count on.