As an experienced driver, if you amass 12 points or more then you become what the law terms, a totter, and liable to be sentenced under the totting-up provisions.
Those provisions indicate that the magistrates are obliged to disqualify you for a period of 6 months unless you can satisfy them that without your licence, you or those close to you would be caused exceptional hardship.
If the magistrates are persuaded to find exceptional hardship they would impose penalty points but allow you to keep your licence.
The hardship must be truly exceptional. Often the loss of a job, career and/or family home will be considered exceptional hardship.
It is recommended you seek legal advice about your particular circumstances and the specialist procedure involved in cases of this type.
Holdens offer experienced service including:
- Professional consultation with lawyer experienced in exceptional hardship arguments
- Advice regarding your case with specific recommendations over documentation requirements and Court procedure
- Compilation of all the necessary information for the Court Hearing
- Full conduct of the Court Hearing
- Step by-step advice throughout the process
If you rely on your licence for your job and on your job for your home and that of your family - you cannot afford not to obtain legal advice when you are facing the totting-up provisions. Contact Holdens to discuss your requirements!
FAQs - Totting Up
You can only use the argument of exceptional hardship, founded on the same facts, once within a three year period.
Points will remain on your licence for a period of three years. If you are disqualified under the totting-up provisions you will be disqualified for six months, following which your licence will be returned to you clean.
Holdens can assist on a case-by-case basis depending on your circumstances, however it is likely that a letter from your employer and evidence of any mortgage or rental liability will be of assistance in demonstrating the financial effect upon you.