Contact our Motoring Law Specialist


Gerry Vahey

Building up 12 penalty points over a 3-year period (known as totting up) will usually lead to you being disqualified from driving. If you are facing a driving in these circumstances, we can advise you whether there is any possibility of avoiding a ban and represent you at court. 


There are three ways to avoid a totting up ban:


Exceptional Hardship

One of the ways to avoid a ban is to argue that there are special circumstances, usually by persuading the court that imposing the ban could cause exceptional hardship to you. There is no set definition of exceptional hardship but an example may be that you need your car for work and would lose your job if you were unable to drive. 


The key to successfully arguing this and avoiding a ban is to take specialist legal advice as soon as possible. 


Special Reasons

If you acknowledge that you committed the most recent offence but there were special reasons, it may be possible for the court to consider those reasons and not impose the points which in turn would mean that you have not reached the 12 points threshold. Usually this would apply where an offence was committed in the course of dealing with an emergency. Taking legal advice is essential because you would have to admit committing the offence to enable the court to consider any special reasons. 


Defending the Allegation Against You

If you have a defence to the most recent allegation and the defence is successfully argued then you will avoid a totting up ban because you will not have reached the 12 points threshold. 



Why Act Now?

Seeking advice early will maximise your chances of successfully avoiding a totting up ban because it will give greater time to prepare and obtain evidence where necessary. 

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