Many motorists have heard of this term but do not fully understand exactly what it is.
“Totting” or “totting up” is a term to describe when somebody accumulates 12 penalty points or more on their driving licence within a three year period.
It is hugely relevant for sentencing an offender as it can make a huge difference in the severity of a penalty.
Section 35 of the Road Traffic Offenders Act contains the rules and provisions on totting and this is also the act that allows us to successfully avoid long term disqualifications for countless clients.
This Act states that if a driver does in fact accumulate 12 points or more within a 3 year period, then regardless of what offence he has committed, he will be subject to a 6 month disqualification from driving in addition to a TT99 conviction code on his licence. Conviction codes are not something mentioned in any detail on this site however this particular code results in astronomical increases to premiums on most insurance policies.
When a motorist is brought before the court, the Magistrates’ will look at their driving history and pay close attention to the dates that any previous offences were committed on to determine whether or not someone has “totted” up in a 3 year period. As a result of this, it is futile to try and delay a court appearance in the hope of avoiding a lengthy disqualification.
The only benefit of totting up is that following the disqualification, your driving licence is wiped clean of points and you can begin fresh.
We Can Help Save Your Licence
Olliers Motor Law has extensive experience in representing totters and have a phenomenal success rate in securing one of the following results:
- Avoiding a disqualification entirely
- Securing a short term disqualification; or
- In some rare circumstances we have been able to not only secure only a 7-day ban but also ensure that the licence is wiped clean of points!
This is the main method used to avoid a 6 month disqualification from driving and in order for it to be successful, we must be able to convince the court that a ban of such length would cause exceptional hardship.
Unfortunately the court are less concerned with hardship to the offender as they are to innocent third parties so the fact the ban may cost you your job is not always enough to run a successful argument.
We have an outstanding record of successful exceptional hardship arguments and the vast majority of our clients walk away from court with their driving licence in tact!
Preparation is Key
The key to a successful exceptional hardship argument is a combination of meticulous preparation, knowledge of the legislation and a persuasive argument at court.
If you choose to instruct Olliers to help you with your case, the first step with all clients is to take a comprehensive and hugely detailed statement of mitigation which usually takes between 60 and 90 minutes. During this process our aim is to find out as much about you as we possibly can as the more we know about you and your personal circumstances the better. On the surface, many previous clients have believed that they do not have much of a case to run an exceptional hardship argument but once the surface has been scratched and every avenue has been explored, they have been amazed at just how far reaching the consequences of their ban may be and this is exactly what the court need to know.
Once this information has been collated we can give you advice on any supporting evidence that we feel may assist your argument. This may include key character references, bank statements, employer references etc.
It is crucial that the right barrister is selected to successfully run the argument. You need to remember that you are appearing in court because you have committed a number of offences that have led to you accumulating TWELVE POINTS within a 3 year period. On this basis, the Magistrates will not be impressed by an arrogant, indifferent or self assured advocate. Due to our experience, we work closely with a small pool of select Barristers from across the country that we instruct on a day to day basis and we will choose a Barrister that we feel has the best chance of persuading the court to achieve the desired outcome.
Exceptional Hardship should only ever be used as a last resort however as any argument can only be used once every 3 years. If you face a second incident of totting within 3 years then it may be more difficult to achieve the result you want.
Many lawyers do not realise the number of different options available to somebody who faces a “totting” disqualification but there is very specific case law that we have used successfully to help us persuade the court to consider different options.
Wouldn’t it be ideal if you could avoid a 6 months disqualification AND have your licence wiped clean of points? On several occasions we were able to do just that! There are usually several options available to somebody in a “totting” position and it is important that you discuss your case with one of our expert motoring lawyers.
If you are facing a six month disqualification due to “totting”, contact Ruth Peters on 0808 168 0017.