Totting Up Procedure & Ban
The totting up system was introduced as another way to punish drivers besides the original fine and driving ban. It is also an additional method of monitoring drivers who keep re-offending. The courts have the right to endorse a driver’s licence with the amount of points they felt were appropriate to the offence. If a motorist was found to keep offending even after receiving penalty points, then they could have their licence taken away from them, sometimes indefinitely. By accumulating enough points on your licence within a set time, you run the risk of getting disqualified from driving.
The number of penalty points handed out vary for minor offences. The minimum number of points you can get is 2 and the highest penalty point for a serious offence is 9. Here is a little example of the penalty points currently issued:
- Going through a red light: 3 points depending on severity
- Speeding: 3-6 depending on circumstances
- Driving without due care: 3-9 points depending on situation
Some speeding offences are still issued through Fixed Penalty Notices and are a standard 3 points.
If a driver gets 12 points within 3 years it is an automatic disqualification of 6 months minimum.
How long does a totting up ban last for?
In general, bans generated from totting up are for a minimum of 6 months. In some cases, you can bring it down to 3 months if you have a really good case. For first offence or medical emergency, the points will stay on your licence for 3 years from date of conviction. They will have to be declared to your insurance company and sometimes your employer as well. The points can only be removed from your licence after 4 years.
New drivers and the totting up system
New drivers are automatically banned if they receive 6 points within 2 years of passing their test; this applies to the totting up procedure or Fixed Penalty Notices. If your licence is revoked, you would need to re-sit the driving test as well as the theory test. So if you're a young driver, you need to be extra careful.
Legal representative for totting up cases
Most people think they will be disqualified so they don’t usually go through the hassle of seeking legal help and in most cases they will have to pay for it themselves (that is without any legal aid of any sort). Everyone who goes to court is entitled to a legal representative and if losing your licence will have a detrimental effect on your life, then it may well be worth getting someone to defend your case. A legal representative may be able to have you keep your licence by proving hardship. It’s well worth spending your money on a good motori than having your licence banned for 6 months so have a look around and find someone qualified in driving law.
gices | 19 Feb 2010 | Views (278)
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