IYDL M23law regularly assist clients who have fallen foul of the driving ban totting provisions, helping the majority to avoid disqualification from driving.
The law states that where a person accrues 12 or more driving penalty points for motoring offences committed within 3 years of one and other, they are liable to a 6-month disqualification (or longer in certain circumstances) under the penalty point disqualification procedures. This is commonly known as “totting”.
One way to avoid a “totting” driving ban is to argue that exceptional hardship would result from that driving disqualification. A high benchmark standard has been set when it comes to trying to argue exceptional hardship.
It is normally therefore important to instruct our motoring solicitors and/or lawyers to prepare your case and represent you in court.
If the magistrates agree with our argument that exceptional hardship would result from a totting driving ban, then they may disqualify for a lesser period than the standard 6-month period or decide not to disqualify at all.
In certain circumstances, penalty points or a disqualification period can be avoided, even where the offence is accepted. This will happen if it is shown that there were 'special reasons' for committing the offence. A “special reason” is:
- A mitigating or extenuating circumstance,
- Not amount in law to a defence to the charge,
- Directly connected with the commission of the offence and
- A reason which the court ought properly to take into consideration when imposing sentence.
- No Insurance – defendant was genuinely misled into believing that there was insurance in place
- Drink driving
(a) laced / spiked drinks
(b) short distance driven
(c) sudden unanticipated (medical) emergency where there was no alternative but to drive
- Traffic signs, pedestrian crossings, school crossings
(a) justification for a belief that the traffic lights had jammed
(b) defendant has been misled by the actions of a police officer
(c) genuine medical emergency
- Speeding – Defendant exceeds a speed limit by reason of an emergency
We are able to offer private representation for all types of motoring offences. Contact us now to learn how we can help you