Penalty Points
Penalty Points and Totting Up in England and Wales
Understanding the Law
In England and Wales, penalty points are added to a driving licence when a driver is convicted of certain motoring offences.
The points are intended to act as a deterrent to committing further offences. The "totting up" system refers to the accumulation of these penalty points over a specified period. Under the Road Traffic Offenders Act 1988, if a driver accrues 12 or more penalty points within three years, they can face a driving disqualification.
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This means that if you already have penalty points and are facing another Fixed Penalty or Summons which could take you to the limit of 12 points, you’re at risk of losing your licence.
How Penalty Points Work
Penalty points can be added for a range of motoring offences, including:
- Speeding: 3 to 6 points
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- Using a mobile phone while driving: 6 points
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- Driving without insurance: 6 to 8 points
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- Failing to stop after an accident: 5 to 10 points
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- Drink or drug driving offences: 3 to 11 points
These points remain on your driving record for a period ranging from 4 to 11 years, depending on the severity of the offence.
Totting Up System
If you accumulate 12 or more penalty points within a three-year period, you face a driving ban under the totting up system. The length of the disqualification can vary but typically starts at 6 months. Repeat offenders may face longer bans.
Exceptional Hardship
In some cases, drivers facing a totting up disqualification can argue "exceptional hardship" to avoid a ban. Exceptional hardship refers to the significant difficulties a driver or others would face as a result of the disqualification. This might include loss of employment, severe financial strain, or the inability to care for dependents. It is important to note that inconvenience or hardship to the driver alone is not usually sufficient to avoid a ban and some arguments are more persuasive than others.
Defending Against Penalty Points and Totting Up
If you are facing penalty points or a totting up disqualification, it is crucial to seek legal advice immediately. An experienced lawyer can assess your case and explore possible defences. These might include:
- Challenging the validity of the offence or evidence
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- Demonstrating that the points were incorrectly applied
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- Arguing exceptional hardship to avoid a driving ban
In some cases, Joe Rawlings can also put forward a “special reasons” argument to avoid penalty points altogether. This may apply if, for example, you were driving in an emergency.
Save your driving licence
If you are at risk of accumulating penalty points or facing a totting up disqualification, don't face it alone.
Contact Joe Rawlings today for expert legal assistance.
Joe specialises in defending against penalty points and totting up offences and he will work hard to achieve the best possible outcome for your case.
Totting Up