Points Disqualification

“Totting Up” – Exceptional Hardship

More than a million motorists are now only one conviction away from losing their driving licences, according to a survey carried out by Direct Line Insurance. There are 5.4 million drivers with penalty points on their licences and 85 per cent of them incurred the points for speeding offences.

Under Section 35 of The Road Traffic Offenders Act 1988 a driver who amasses 12 points within a 3 year period faces disqualification for a minimum of 6 months under the “Totting Up” provisions.

Points are counted from date of commission of the offence rather than date of conviction so a delay in the court process will not make any difference to your being caught by the “Totting Up” rules.

If you face a ban under this provision, perhaps the only benefit of a ban under s.35 is that it will wipe your licence clean of all points (This does not apply to a ban for an offence on its own.) The disadvantage is obvious. Not many people can happily contemplate the prospect of losing their licence for a few weeks, let alone 6 months. However, it is possible to persuade Magistrates to find Exceptional Hardship and allow you to continue to drive even with 12 points on your licence. Keith Park Solicitors have dealt with countless cases involving successful exceptional hardship arguments.

Exceptional Hardship