We have years of experience of successfully defending Totting up driving cases.
For free initial advice call 0800 999 5535
*Based on results from Jan 2018. Not disqualified under the totting up provisions for the minimum period of 6 months.
From Our Clients
Our specialist team of Totting Up solicitors have years of experience defending Totting up driving cases. Call our team today for free initial advice on 0800 999 5535 or submit your case and we will call you back
What is Totting up?
If you have accumulated 12 or more points on your licence over the period of 3 years, you risk being banned from driving for a period of 6 months or more. This not only has an adverse effect on your life but can also, once the ban is over, make it difficult to secure car insurance.
How can I avoid a totting up ban?
One of the arguments against a totting up ban is exceptional hardship. This is incredibly difficult to argue, as the hardship suffered must be exceptional, however there is no definitive explanation as to what constitutes ‘exceptional’. The fact that you may lose your job would not suffice as an argument on its own.
It is imperative that a strong case is built on admissible evidence to be sure of success in these arguments.
Should I drive to Court?
This depends on your plea: Yes, if you are pleading not guilty. No, if you are to be sentenced for an offence that carries a mandatory disqualification.
Our advice is that anyone who faces the possibility of a period of disqualification, no matter how small, should not drive to Court.
The Police Officer said that if I instruct a Solicitor I can avoid a disqualification, is this true?
This can be true in a lot of cases, however, if it is your intention to plead guilty to an offence that carries a mandatory period of disqualification, then the Magistrates have no discretion not to impose a period of disqualification.
I really need my car for my job, will the Court let me keep my licence?
If you are facing a disqualification for accumulating 12 penalty points or more (‘totting up’) or facing a sentence that carries a discretionary disqualification, then it is possible to persuade the Magistrates not to disqualify you. However, if you are to be sentenced for an offence that carries a mandatory disqualification, like driving with excess alcohol for example, then these types of offences carry a mandatory disqualification and the Magistrates have no discretion. In those circumstances you will only avoid a ban if your case is successfully defended after a not guilty plea.
Do you cover cases on Legal Aid?
No. All our cases are on a private paying fixed fee basis. We will tell you what your exact fees will be before you engage us. We cover Courts throughout England and Wales. Only general Criminal Defence Solicitors (not road traffic specialists) based in an area close to where your Court case is, will have a Legal Aid Contract. You may not be eligible for Legal Aid in any event. The two tests for whether you are eligible for Legal Aid are
- Whether you are financially eligible
- Whether it is in the interest of Justice for you to receive Legal Aid for the offence that you are due to appear before the Court for. For almost all road traffic matters you will not be eligible for Legal Aid as for a lot of cases the Sentence is a financial penalty and either penalty points or a disqualification.
Will I have to say anything in Court?
Once we are instructed by you, we will advise you of the precise Court procedure. If you are pleading guilty to an offence, then you will only have to confirm your name and enter your plea. We will present the mitigation on your behalf.
If you are pleading not guilty, you may have to give evidence at your Trial, but you will be guided by Millars Solicitors.
What are my chances, can you give me a percentage?
We would not give a client their chance of success in a percentage. We would not give a client their chance of success in a percentage, as this is not realistic. We provide all clients with a comprehensive assessment of their case and we are instructed on the basis that the client has been advised of their chances of success.
Will the Police or witnesses be in Court?
More From Our Clients
A totting up ban is when you have accrued 12 or more penalty points on your licence over a three year period. When this happens, you’re likely to receive a driving ban unless you can cite exceptional hardship.
In this article, we’ll explain totting up bans in detail, the penalties you might face and what you can do to overturn the decision.
Place: Bradford Magistrates Court Offence: Speeding – 98mph in a 70mph speed restriction area – possible Totter and facing minimum period of disqualification of 6 months Defence: Mitigation Carl Millar was instructed by Mr C who potentially faced a minimum period of...
Place: Weymouth Magistrates Court Offence: Totting Up 12 penalty points on driving licence Defence: Exceptional Hardship Carl Millar was instructed by Mr D who faced disqualification for a minimum period of six months under the totting up provisions. Mr D’s primary...
About Keep My Driving Licence
Keep My Driving Licence is part of Millars Solicitors who are a specialist firm of road traffic and drink driving solicitors who represent motorists all over the country.
Formed by Carl Millar, Millars Solicitors has adopted his dogged tenacity and exacting technical understanding of motoring law. Before starting Millars Solicitors, Carl has been employed as the Head of Department at some of the most high profile Motoring Law Firms in the country. He is a member of the Society of Motoring Lawyers and has an enviable nationwide reputation for the results he gets for his clients.
Through representing a wide range of people you will find Carl and his team very approachable and never judgemental. Their advice is straightforward and will leave no stone unturned in pursuing all available defences in presenting your case.
If you have been caught drink driving you can contact Carl today on 0800 999 5535 or your can send a confidential email by clicking here. If you need to speak to a drink driving solicitor out of office hours than please call the 24 hour emergency line on 07855 806119.