Totting Up of Penalty Points

New technologies and the increased amount of driving people are doing on a day-to-day basis is making it a lot more common for drivers to receive an endorsement. They are the primary way drivers are punished for misusing the road rather than disqualification.

It is imperative that every driver keeps an eye on the amount of points received whilst driving.

Totting Up

What is "Totting Up"?

"Totting up" occurs when the number of penalty points or endorsements you have on your driving licence totals 12 or more within a 3 year period. If this happens to you, you become a "totter" and the court will disqualify you from driving for a minimum period, unless you can put forward an argument for exceptional hardship.

Dragging out the matter will not help you to avoid a disqualification because the totting up regime dictates that the points are relevant from the date of one offence to another, and not from the date you were convicted. This is why it is so important to contact a solicitor if you think you are at risk of a totting up offence or disqualification.

The minimum disqualification periods vary depending on whether or not you have a previous disqualification.

Minimum Periods of Disqualification

You can be disqualified for:

  • 6 months if you have no previous disqualifications to take into account
  • 12 months if you have had one previous disqualification of at least 56 days within the last 3 years after the latest offence
  • 24 months you have more than one previous disqualification of at least 56 days within the last 3 years after the latest offence

What we can do for you

A totting up disqualification can be reduced to a shorter period or can be avoided in some circumstances. The earlier you contact a solicitor, the better equipped they will be to present you with the best case possible on the day.

If you think you're at risk of a disqualification under the totting up provisions, don’t leave it until the last minute to seek help. A Notice of Intended Prosecution (NIP), fixed penalty or summons can be challenged if you contact a solicitor early on in the process.

If you leave it to the last minute, you are leaving yourself open to a minimum disqualification, which could have an extremely negative impact on your life.


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Get In Touch

Julie Robertson - Motoring Offences and Criminal Defence Solicitor - Manchester

Julie Robertson
Partner, Head of Motoring & Criminal Defences

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