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TOTTING UP BAN

Geoffrey Miller Solicitors are specialists defending Totting Up Bans for driving. Call our team of expert motoring solicitors for some free initial advice.

Tony Worthington Speeding and Totting Up Testimonial
totting up ban penalty pdf download

Totting Up Penalty

In case you were not already aware of the “totting up” driving ban rules, 12 points on a UK driver’s licence usually means you will be banned from driving for a minimum period of 6 months. That is unless you persuade the court that such a driving ban would cause you or others “exceptional hardship.”

As if that wasn’t enough bad news, the research we did for our unique money saving calculator suggests your insurance premiums could increase by over 200% if banned for accumulating points. We hate to be the voice of doom and gloom, but if you do receive that dreaded “totting up” ban, you may not even be able to secure an insurance policy once the ban is over. Don’t take our word for it though, check out this forum post on the moneysupertmarket site all about insurance problems after a TT99 ban.

Even though the rules state that a driver should be off the road for 6 months, many of our clients who have faced totting up bans have been allowed to continue to drive with well in excess of 12 points on their licence. In fact, we have been involved in some very unusual cases where we have achieved results on the verge of being miraculous! Check out the case of Yanni Tsamplakos, who contacted us desperate for totting up advice. We managed to reinstate his driving licence after he was banned in the Magistrates’ Court and then within days we successfully argued exceptional hardship for him for a second time. Most solicitors would shy away from a case as complex as this. In fact, according to our client, eight solicitors turned him away before he got in touch with us! If you think all hope is lost, this is exactly the kind of case our team loves to win. Don’t take our word for it though, you can contact Yanni directly through our unique interactive testimonial scheme if you click on the page with his story.

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OUR TOTTING UP TESTIMONIALS

From the moment I contacted Geoffrey Millers Solicitors I immediately felt calmer and reassured. What was initially most impressive was a prompt call from Jeanette Miller herself, the owner of the business where she listened and showed understanding of my awful predicament. She found time in her own diary to... Read More

From the moment I contacted Geoffrey Millers Solicitors I immediately felt calmer and reassured. What was initially most impressive was a prompt call from Jeanette Miller herself, the owner of the business where she listened and showed understanding of my awful predicament. She found time in her own diary to see me very quickly, confirmed this appointment by email and had arranged allocated parking for me on my arrival. I cannot stress how this level of service and efficiency did help how I was feeling. Jeanette met with personally along with Patrick who had been recommended to me by a friend and was initially the reason I contacted this company. Jeanette is so immediately personable and professional, she clearly leads her company from the front and I was very impressed with her and the obvious service standards she has for her business. Patrick was superb, I went from having 7 speeding offences, a number of fails to furnish totting up to over 21 points, facing a certain court appearance and 6 month ban to just 6 points, no ban no court appearance. I cannot thank Patrick enough for the work he has done and the manner in which I was dealt, and Jeanette for being so immediately hands on. Very impressed and relieved.

Karen Tweddle

Manchester

Karen Tweddle
Failing To Furnish Driver Details, Speeding, Totting Up
Ban avoided – 6 points
Manchester

3 lots of tame speeding (40 in 30 /60 in 50 / 47 in 30 And one holding mob to look at GPS – exceptional hardship was successfully pleaded – very good work – sadly the Points remain till 2020 – but I was amazingly appreciative to have been given... Read More

3 lots of tame speeding (40 in 30 /60 in 50 / 47 in 30 And one holding mob to look at GPS – exceptional hardship was successfully pleaded – very good work – sadly the Points remain till 2020 – but I was amazingly appreciative to have been given one more chance…”

Mrs Lucinda Green
Totting UP
Brilliantly No Ban
Hampshire Court Oxford

My case began with both a speeding and mobile phone offence. From the start the case was handled brilliantly and I was advised that there would be a good chance of an awareness course for the speeding so to try and get a course. I sent the form away and... Read More

My case began with both a speeding and mobile phone offence. From the start the case was handled brilliantly and I was advised that there would be a good chance of an awareness course for the speeding so to try and get a course. I sent the form away and was accepted. Fantastic.

The mobile phone offence however was different. Austin handled the case throughout and was brilliant. 100% professional, always contactable and never failed to answer a question I had. He kept in touch constantly until the day of court.

At court we got a different but still positive and favourable result to what we were expecting to achieve and better than I ever would have expected without Austin & Geoffrey Miller Solicitors help and guidance.

I can only hope that everyone who handles cases for people in the situation I was in, is as professional, helpful and knowledgeable as Austin was.

Mr Tom J Davies
Totting Up
Ban Avoided
Essex

My case was to stop a totting up of points ban and it was handled in a very professional manner. And I would recommend your services to anyone who needed them. And I would like to thank you all for your services.

Mr Philip Blanchard
Totting UP
Ban Avoided
North West

I had 9 points on my license, was summoned for speeding in 30mph at 42mph. Three points normal penalty would result in automatic driving disqualification at 12 points. Due to the significance of my financial contribution to our small 5 person company, there was a real risk of causing exceptional... Read More

I had 9 points on my license, was summoned for speeding in 30mph at 42mph. Three points normal penalty would result in automatic driving disqualification at 12 points.

Due to the significance of my financial contribution to our small 5 person company, there was a real risk of causing exceptional hardship to individuals in the business if I was unable to drive to clients and complete regular work. The reduction of income or even the loss of the clients could have led to staff reductions to enable survival. If we had to cut staff the viability of the business would come into question.

Since I was already drawing a negligible salary and had re-mortgaged to fund the business and staffing, I had no ability to provide more funding to tide us over any ban I might receive and the loss of income if I was not able to do client work.

There was consistent communication with the Geoffrey Miller team and detailed discussion about legal options to be applied at my hearing. I had pleaded guilty, and only needed to avoid the damage to others a disqualification from driving would have caused.

The guidance, professionalism and thoroughness in preparing and concluding this matter was outstanding. I am sure I could not have achieved this outcome without Geoffrey Millers involvement.

Graham Hughes
Speeding and Totting Up
Case Discontinued
West Midlands

From our initial telephone conversation to today I have felt that my case was in the best hands possible.  I received a 3 month ban and all my points wiped today after being represented by my barrister.  Given that I would potentially of had 15 points on my licence this... Read More

From our initial telephone conversation to today I have felt that my case was in the best hands possible.  I received a 3 month ban and all my points wiped today after being represented by my barrister.  Given that I would potentially of had 15 points on my licence this was the best outcome for me.  It has allowed me to take up an offer of a new job as the contract would not proceed had I been banned for more than 3 months. It also means I am able to proceed with confidence with a house purchase that is well underway.

This has been a life changing day for me and has alleviated the anxiety I have lived with for many months. Please pass on my appreciation to all the members of your team I am truly thankful.

Anonymous 35
Speeding, Totting Up
All my points wiped
London

I was in court for totting up points through driving for business. I contacted Geoffrey Miller Solicitors who looked after my case and gave me an initial opinion on my chances of pleading undue hardship. My solicitor looked after the case and paperwork and answered any questions I had throughout.... Read More

I was in court for totting up points through driving for business. I contacted Geoffrey Miller Solicitors who looked after my case and gave me an initial opinion on my chances of pleading undue hardship.

My solicitor looked after the case and paperwork and answered any questions I had throughout.

It was proved that exceptional hardship would be the case if I was banned from driving and I can only praise the way the Geoffrey Miller Solicitors team handled my case.

Anonymous 24
Totting Up
Ban Avoided
Sheffield

This case was initially a simple speeding matter spread over two separate occasions. However, this became (to say the least!), an incredibly time consuming and unnecessarily tortuous case, totally due to the incompetencies and inefficiencies of both the judiciary and the DVLA. Geoffrey Miller excelled themselves in their patience and... Read More

This case was initially a simple speeding matter spread over two separate occasions. However, this became (to say the least!), an incredibly time consuming and unnecessarily tortuous case, totally due to the incompetencies and inefficiencies of both the judiciary and the DVLA.

Geoffrey Miller excelled themselves in their patience and diligence to arrive at an outcome that was totally satisfactory and has resulted in me still maintaining my licence. I cannot extend enough praise both to the whole practice and particularly their advocate in court over both these cases.

View This Clients Video Testimonial

Tony Worthington
Speeding, Totting Up
Ban Avoided
Oxfordshire and Cambridgeshire

With your help I successfully avoided losing my driving licence due to totting up 12 points. Your team most effectively prepared and argued my case of exceptional hardship which was highly unusual owing to what I do for a living being quite out of the ordinary. I am greatly relieved... Read More

With your help I successfully avoided losing my driving licence due to totting up 12 points. Your team most effectively prepared and argued my case of exceptional hardship which was highly unusual owing to what I do for a living being quite out of the ordinary. I am greatly relieved that I now won’t have to let my various employers down. I would’ve had to if I lost my licence. Thankyou!

Anonymous 14
Totting Up
Ban Avoided
East Midlands

I had 6 points on my license and faced a further 6 with a totting up ban. I looked online and called a few solicitors who specialise in motoring offences. Jeanette was the most switched on and gave the best legal advice how to proceed. I felt confident instructing her.... Read More

I had 6 points on my license and faced a further 6 with a totting up ban.

I looked online and called a few solicitors who specialise in motoring offences. Jeanette was the most switched on and gave the best legal advice how to proceed. I felt confident instructing her. Our case handler was really thorough.

On the day we were represented by a great barrister who really calmed my nerves and “held” my hand throughout.

I got the best possible outcome in the circumstances and my plea of exceptional hardship was successful and I received a reduced fine.

Really pleased.

Mrs K
Failing To Furnish Driver Details, Totting Up
Ban Avoided
London
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BBC Breakfast News - Motorists driving with 12 points or more due to exceptional hardship

Jeanette Miller talks to BBC Breakfast News regarding motorists still driving with 12 or more points on their licence due to exceptional hardship.

If you are worried about the prospect of a driving ban, then call our solicitors now! We have offices in London and Manchester and our expert motoring lawyers appear in courts all over the country (excluding Scotland) on Freephone 0800 1389 123. In most cases we get involved in it is highly likely we can save you from the totting ban altogether and all the insurance headaches that follow.

The Totting Up Offence

Despite our amazing totting up result with Yanni’s two totting up cases and countless others the rules that normally apply say that a driver who accumulates 12 penalty points on their licence within a 3 year period will be disqualified from driving as a “a totter” for 6 months. If a driving ban of 56 days or more had also been imposed within the relevant 3 year period, this would increase the ban to 12 months as opposed to a 6 months ban. If two disqualifications of 56 days had been ordered in three years then the disqualification for totting up would be increased to 2 years.

So you could have been caught for 4 fairly minor speeding cases in the last 3 years but find yourself off the road for 6 months if you do not pick up the phone and call Geoffrey Miller Solicitors to see how we can apply our legal expertise to your case!

If you are unsure of how many penalty points you currently have on your licence, this handy page on the DVLA website enables you to check the position.

How Do We Do It?

Geoffrey Miller Solicitors are known for our “no stone unturned” style of case preparation. We analyse who you are and what you do and involve you in the strategy for your hearing at every step of the way – if you want us to! Some clients prefer to have less involvement in the case preparation and we will tailor our service to meet your needs.

We find that for the best chance of avoiding a driving ban, we need to know the ins and outs of your circumstances to be able to decide which lines of argument are best utilised in persuading the court to avoid a driving ban. For this reason we take an extremely detailed statement from you at the outset of your points totting up case and then gather further evidence to support your case when in court.

Examples of totting up cases that have been successful have ranged from arguing that a totting up ban would cause a driver’s immediate family exceptional hardship. Other strategies have been where we successfully argued that a client’s employers would be caused exceptional hardship as they would have had to replace the offender if he lost his licence.

One of the most unusual totting up cases we dealt with was where we took over a case from another very well known motoring law firm who had done the bare minimum on a case yet had charged a small fortune for the little work they did. Unhappy with his “loophole” lawyer’s standard of service, we were instructed to take over the case at the last minute for a Member of Parliament facing a totting up ban. We prepared the case into the early hours of the morning before the hearing and successfully argued that a 6 months ban would cause his constituents exceptional hardship!

An exceptional hardship argument can be made if we can demonstrate that imposing a 6 month disqualification would have such an impact upon the defendant that it would cause them or other people to experience “exceptional hardship”.

One of the main issues that a court will consider is how the driving disqualification will impact on  innocent third parties and it is sometimes not enough to argue that losing your job is enough to avoid disqualification. The court should also consider whether or not the punishment is proportionate to the offence committed and in some circumstances, the impact of someone losing their licence for 6 months is so extreme that it is no longer proportionate to the offence.

If the Magistrates accept that a 6 months ban, or longer, would cause exceptional hardship then they will still endorse your licence with penalty points (so you may be driving around with 12+ points as with one of our client’s Mr Englander) but they can exercise their discretion in respect of a disqualification. In most cases, they will not impose any period of ban at all but if someone is disqualified under the totting up provisions then their licence is wiped clean of any penalty points. If exceptional hardship is found and NO disqualification is imposed, then the points will remain on your licence until they expire.

Exceptional hardship should only ever be used as a last resort however as it can only be run once on the same set of facts in any three year period.

If you wish to read about some of our clients’ experiences, take a look at our dedicated totting up solicitors facebook page.

Some Myths about Points Totting Up

Some people mistakenly assume that they can delay a case to circumvent the totting up rules.

For example, if you are on 9 penalty points but have 3 points due to expire soon, delaying the court hearing until after the points have “dropped off” will NOT mean that you will escape disqualification as a totter. The court will look at the number of points that were live on the licence at the time of the most recent offence was committed.

So if you had 9 points all less than 3 years old at the time of the latest allegation, it does not matter if it takes a year for your case to come before the court. Your circumstances will be considered from date of offence to date of offence.

Oh, and if you are unsure about how long your penalty points stay on your licence, whilst they will count for the purpose of totting up rules for a period of 3 years, DVLA will not remove the points from your licence until the 4 year anniversary of the date of the offence. Check out their rules on penalty points removal on their site.

If you are interested in learning about other motoring law myths, check out the Geoffrey Miller team’s Q & A blog from May 2012 on the confused.com website.

Special Tactics

Very few clients can cope with the thought of a 6 months driving ban. However, you may be able to cope with a 2 week ban instead?

There is case law that we have successfully used to persuade the Magistrates to impose a short term ban instead of further points that would lead to someone totting. For example, if on 9 points, we have argued that the defendant should be given a short ban, a couple of weeks is average, and no further penalty points.

All of our tactics are lawful and every expert motoring solicitor in the Geoffrey Miller team acts with Rest assured, integrity. If you are thinking that swapping penalty points with a friend of loved one, think again! Check out Jeanette Miller’s blog detailing some crazy solutions drivers thought could get them out of their speeding fine mess… but ended up with them not only losing their licence but also a spell in prison!

Speed Awareness Courses – You May Not Need Us!

Sometimes when clients call us the advice we give is not necessarily going to be of benefit to us but is the best advice for you. It is possible that the offence that may take you to the dreaded 12 points, is a low level speeding allegation that qualifies for an offer of a speed awareness course. The criteria for speed awareness courses differs depending on the location of the speeding allegation, but if you are offered a course this may be far preferable than placing your driving licence in the hands of the courts.

Repeat Totting Up Specialists

Many solicitors mistakenly believe that if you have argued exceptional hardship once, you are prevented by law from doing so again. This is not so and in fact, in 2012 we achieved a Geoffrey Miller Solicitors record of saving an anonymous client’s licence FOUR times in three years!

If facing a totting up driving ban for the second, third or even fourth time, we are the firm to speak to.

Totting Up Cost

We will agree a fixed fee for your totting up case so that you have a clear idea of the cost involved from start to finish. Unfortunately, as you are pleading guilty but presenting mitigation to the court, there will be no scope to request any contribution towards your costs from the court. Legal Aid is not available for a totting up case. Please take a look at our page dealing with our charges for more information about payment.

What Do I Do About My Totting Up Case Now?

Once you instruct us we will guide you through the process from that point until you walk out of court (Hopefully with your licence intact) so you no longer feel alone and hopefully you’ll also feel less worried than you do reading this page.

We understand that words on a website may not give you complete reassurance or answer all the questions you have. So if you would prefer to call us rather than trawl through the pages on our website, we are always more than happy to chat things through with potential clients FREE OF CHARGE. It is only once you decide to instruct us that payment will become necessary. Please call us now on Freephone 0800 1389 123. Our team of specialist driving lawyers will be glad to discuss your options free of charge. Our phones are manned 24 hours a day by real lawyers (not in a call centre) all of whom are experts in the field of points totting up and UK motoring law.

Not Sure What to Do About Your Totting Up Offence?

Most people who get in touch with our team of motor offence expert solicitors are uncertain of their options. They are unaware of any legal defences that may be available and find it difficult to believe that it might be possible to defend the drink driving offence charge they face by using loopholes that apply to the rich and famous! We do represent celebrities but we also represent many hardworking motorists like Brian and we want to help you make the right choice about what you do next.

We are always more than happy to chat things through with potential clients Free of Charge. Call us now on Freephone 0800 1389 123 to speak to one of our specialist motoring offence solicitors. It is only once you decide to instruct us that payment will become necessary and we can often arrange installment plans to assist you. Many satisfied clients have thanked us for offering this free consultation service as it has prevented them from following inaccurate non-expert advice which could have led to them accepting a driving ban unnecessarily.

If you would like to spend more time browsing on the site before you get in touch, make sure you have a look at our specialist motor offence guidance features such as our drink driving ban calculator which will help you to determine the penalty you may face if convicted and our money saving calculator which helps to outline some of the hidden costs of accepting a conviction.

We think we are simply the best in the business but if you are not satisfied in taking our word for it, our unique “ask our clients” testimonials scheme allows you to contact previous clients of the firm to seek a completely independent reference about us and what we might be able to do for you.

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Geoffrey Miller Solicitors are specialists defending drivers nationwide for all types of driving offences. Call our team of expert driving offence solicitors for some free initial advice.

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Still not sure if you should instruct us to help you?

Try our Interactive Testimonial Scheme - “Ref Me” is a voluntary scheme we ask satisfied clients to participate in. Where you see the “Ask Our Clients” form, you can send an email to a previous client of the firm and ask them any question(s) you like about us.

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Do You Want To Feel Like Brian?

Speeding Solicitors

Take a look at this live footage taken from ITV’s documentary "Driving Me Crazy" showing our client, Brian Wiltshire walking out of Preston Crown Court after securing a victory in appeal against a speeding conviction. This could be you…

DRINK DRIVING BAN CALCULATOR

The Magistrates’ Court Sentencing Guidelines is a tool used by the Magistrates to decide on penalty. Try our drink driving ban calculator or our speeding ban calculator to give you a rough idea of the penalty you could incur…

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PRICING STRUCTURES

We have developed a number of pricing structures to suit clients on most income levels. To some clients minimising the level of their legal costs is as important as achieving your objective with an acquittal or damage limitation on penalty…

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