Services

12 Points on Licence - Totting Up Ban

Are you facing a ‘totting up’ ban after surpassing 12 penalty points on your licence? Are you worried about what might happen next? Our motoring offence solicitors are available to support you if you’re facing a potential disqualification, representing you to help you reach the best possible outcome.

If you accumulate 12 or more penalty points on your driving licence within three years, you could be disqualified from driving for a minimum of 6 months. Under certain circumstances, the ban you receive could be extended, such as if it is your second or third disqualification in three years. To reduce the chances of a ban, you will need immediate legal advice from expert driving offence solicitors.

At JD Spicer Zeb Solicitors, we know that receiving a driving ban can be extremely detrimental for both you and your family. Not only this, but driving bans could also have an effect on your career, especially if you drive for a living.

Our team of experienced driving offence solicitors are on hand to support and advise you in relation to exceeding 12 penalty points on your driving licence. We can work alongside you to defend you against a potential driving ban, representing you in court if necessary.

 

Our highly qualified motoring offence solicitors offer:

  • 24/7 legal support in person and over the phone, 365 days a year
  • Representation anywhere in England and Wales
  • Accredited Police Station Representatives to support you during a police interview
  • Clear, effective legal advice in any language (see our languages spoken)

If you have been handed points on your licence which bring your total above 12, get in touch with our motoring offence solicitors as soon as possible.

Speak to our motoring offence solicitors in London, Manchester and Birmingham today

For a free initial consultation on your legal position and the available options, please call 020 7624 7771.

For urgent advice at any time of day or night, please call our emergency number 07836 577556.

You can also email: solicitors@jdspicer.co.uk or fill out our quick online enquiry form and we will get back to you quickly.

Our motoring driving solicitors can also represent you at Willesden Court if you are due to make an appearance there. This means that our costs will likely be lower, as we are a local firm to the court.

Our expertise with totting up bans for exceeding 12 penalty points

Defending against driving offence allegations

It may be the case that the penalty points you have been handed to take you over the 12-point threshold can be disputed. For example, you can be handed penalty points for offences such as speeding, using a mobile while driving, or driving without insurance, all of which can be disputed under certain circumstances.

Our motoring offence solicitors can assess your individual situation and the nature of the offences which have contributed to you exceeding 12 penalty points, defending the sentence where appropriate.

Preventing a totting up ban by claiming ‘exceptional hardship’

Where it is not possible to dispute the awarding of 12 or more penalty points, a driving ban is not always the automatic consequence. In some situations, it may be possible to claim that you would suffer from ‘exceptional hardship’ if you were to receive a ban.

Exceptional hardship arguments go beyond highlighting the immediate difficulties facing anyone who receives a driving ban. Examples of exceptional hardship arguments include, but are not limited to:

  • If you suffer from serious health concerns that will be exacerbated
  • If you are a carer for someone with a serious health concern
  • If you will lose your career
  • Potential homelessness if you’re forced to stop working

Exceptional hardship arguments are scrutinised carefully by the courts, which is why it is absolutely essential that you work with an expert motoring offence solicitor who can ensure your case is as clear as possible, increasing your chances of a successful outcome.

Penalties for exceeding 12 points on license

If you receive more than 12 penalty points within 3 years, a minimum period of disqualification is required. There are three minimum periods of disqualification you could be subject to:

  1. 6 months if you have no previous disqualifications over 56 days long within the 3 years before the current was committed OR
  2. 1 year if you have had 1 previous disqualification over 56 days long within the 3 years before the current offence was committed OR
  3. 2 years if you have had more than one previous disqualification over 56 days long within 3 years before the current offence was committed.

The court must impose the minimum period if 12 points or more have been endorsed unless the court is satisfied, having regard to all the circumstances, that there are grounds for mitigating the normal consequences of the conviction and thinks fit to order you to be disqualified for a shorter period or not to order you to be disqualified.

The burden on establishing mitigating circumstances falls on the defendant and usually evidence will need to be provided. It should be noted the court will only consider “exceptional hardship” as opposed to “hardship”

Appealing a 12 points on license ban

If you have an exceptional hardship argument rejected by a Magistrates’ Court, your next option will be to appeal to the Crown Court. You can request for your driving ban to be lifted while you wait for your appeal hearing to take place.

Why choose our motoring offence solicitors?

If you have surpassed 12 penalty points and are facing a driving ban as a result, it is essential that you seek legal advice from a specialist driving offence solicitor as soon as possible.

Our dedicated motoring solicitors have a wealth of combined experience in defending clients who have exceeded 12 penalty points, using this knowledge to provide expert advice and representation.

We will guide you through the entire process of disputing a driving ban with straightforward advice that allows you to clearly understand your current situation and what the potential outcomes for your case will look like.

Our dedicated motoring offence lawyers are ready and available to act in your defence, around the clock, including on weekends and bank holidays.

We can represent you at Willesden Court if you are due to make an appearance there to dispute a driving ban. This means that our costs will likely be lower, as we are a local firm to the court.

Funding your motoring law defence

Funding police station representation

If you have been arrested for a driving offence, you are entitled to receive free legal representation. This can be from a solicitor of your choosing and is not means-tested.

Funding your legal defence if you are prosecuted

If you are charged with a driving offence and are prosecuted, you may be able to apply to have some or all of your legal defence covered by something known as a ‘Representation Order’. This is commonly referred to as ‘legal aid’.

Private fees

You also have the option to self-fund your legal representation. If this is your preferred approach, we can clearly explain all of the costs and our fee structures. Whether or not you receive legal aid funding, any contribution you make to your legal defence will be refunded if you are found not guilty.

Frequently asked questions about 12 points on license

How many penalty points before a ban?

You can only receive 12 points on your license within a three year period before you receive a driving ban, also commonly referred to as a 'totting up ban'. Once you surpass the 12 point threshold, you will be subject to a minimum disqualification period.

Is 12 points an instant ban?

Not necessarily. 12 points on license appeals may be possible, depending on your circumstances. For instance, receiving 12 points on your license before a ban could be disputed if it can be proven that you were not guilty of the offence that made you surpass the totting up points threshold (such as speeding or driving with a mobile phone).

12 points driving bans could also be disputes on the grounds of exceptional hardship. 

Can I drive once my ban is up?

Once you have served the terms of your totting up ban, you will be able to drive again. However, your  12 points driving ban lasts for more than 56 days, you will need to apply for a new driving license.

The court will tell you whether you need to retake your driving test or an extended test before you are able to get your full license back.

Contact our motoring offence solicitors today

For urgent specialist advice, immediate representation or to speak to our solicitors in London, Manchester and Birmingham confidentially about a totting up offence, please call 020 7624 7771 or email solicitors@jdspicer.co.uk.

Alternatively, you can fill out our quick online enquiry form and we will get back to you quickly.

For immediate representation and advice, call our emergency number 07836 577556 and we will provide you with the urgent assistance you need.

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