Totting up Ban after Getting 12 Points
Are you at risk of reaching 12 penalty points on your licence?
If so, you may already be aware that, in normal circumstances, reaching 12 points, or totting up, on your license will lead to a 6 month ban. For many of our clients, the prospect of this ban is devastating. A lengthy ban – such as one resulting from totting up – often means a person will face loss of job, loss of home, and countless personal difficulties due to increased strain on relationships and difficulties travelling to see children. Here at Forrest Williams we are committed to helping motorists around the country stay on the road. We are specialist motoring lawyers and, despite the rules that say a driver with 12 points should be disqualified for 6 months, we specialise in helping drivers at risk of a totting up ban keep their licence.
Advice on what to do if you reach up to 12 points on your licence.
How can you avoid a totting up driving ban?
While the law may seem fairly straightforward in the guidelines that a driver who reaches 12 points should be disqualified for 6 months, this is not always the case. Specialist motoring lawyers like Forrest Williams are able to use a legal argument known as Exceptional Hardship to help totting up victims stay on the road.
What is exceptional hardship?
If the Court accept that, if banned, you or others would suffer Exceptional Hardship, they are able to opt not to disqualify you. This is a complex legal argument that requires specialist legal representation. Naturally, the magistrates do not easily grant an Exceptional Hardship application, but a skilled lawyer will be able to build a strong case and here at Forrest Williams, we have never lost an exceptional hardship case for totting up.
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How do I know if I have an exceptional hardship case?
There are several scenarios that can amount to Exceptional Hardship. The most common is where a driving ban will lead to financial hardship, usually due to the loss of employment. Many other situations can amount to Exceptional Hardship, however. If you think that you, or anyone else, will suffer more than could be reasonably expected if you were to be disqualified for 6 months, give us a call for an honest, free assessment of your case.
What is the totting up procedure?
If you are currently on 9 points and receive a Notice of Intended Prosecution for an offence that carries 3 or more penalty points, the matter will have to be dealt with at Court. After returning the Notice of Intended Prosecution, you will receive a summons to attend Court. This can take several months. As soon as you receive a Notice or a Summons, contact us to begin preparing your case. The Court will not have allowed enough time on the initial Court hearing date to hear an Exceptional Hardship application, so the matter will have to be adjourned to a later date. At this Court hearing, your mitigation will be provided and if the Court agree that a ban would cause Exceptional Hardship, they will not ban you. The penalty points will be imposed on your license, but you will be able to continue to drive in spite of totting up.
How often can I argue exceptional hardship?
You can only argue Exceptional Hardship using the same information once in a three year period.
How can Forrest Williams assist me?
An Exceptional Hardship application is a complex legal matter and not one that should be attempted without a specialist motoring lawyer representing you. Here at Forrest Williams, we completely manage your case from start to finish, building your case in a way that provides the magistrates with all of the information they require in order to avoid disqualifying you. We also offer free, honest, no obligation advice on totting up and other motoring offences of all kinds.
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