Motoring Offences and Road Traffic Lawyers Liverpool & North West London
Many people receive a speeding ticket at some point in their life, whether it is driving at 35mph in a 30mph zone or over 100mph on a motorway. The Court can impose a range of sanctions from 3 points and a fine to disqualification and fine.
This area of law is complex and the issues that can arise are;
- The admissibility of the speed recorded by Police using a handheld laser device or from a static camera recording
- Whether the road signs were adequate enough to ensure the driver was aware of the speed limit
- Ascertaining the identity of the driver
- Completing legally required notices sent by the Police
- If a driver already has points on their licence, they could be disqualified under the ‘totting up provisions’.
If you are in this situation, please get in touch with our motoring lawyers and we can provide confidential advice on a fixed fee basis.
‘Totting Up’ and Exceptional Hardship
Totting up is when a driver amasses 12 or more penalty points and are then liable to disqualification for 6 months. Any motoring offence which carries points can be included in the totting up provisions. We can however help you keep your licence and avoid disqualification if Exceptional Hardship would be caused because of any ban. Exceptional Hardship is a matter for the Court and depends on the circumstances of the individual case. If successful you would keep your licence with 12 or more points. Unlike ‘totting up’ which would result in your licence being returned without any endorsements.
Exceptional Hardship means that you would face greater hardship than would normally be faced when being disqualified from driving. Simply being inconvenienced is not sufficient.
It is at the Court’s discretion as to whether your circumstances are deemed Exceptional, and whilst the decision thereafter would normally be whether to disqualify or not, they also have the power to impose a shorter ban than they normally would.
A ‘totting up’ disqualification, unlike other disqualifications, will wipe away all penalty points that are taken into account at the time that the ban is imposed. This is often a small consolation when someone is facing a lengthy period off the road.
With experienced and professional driving offence solicitors, it may be possible to avoid a ‘totting up’ disqualification, whether it be by preventing the points being imposed in the first place or arguing Exceptional Hardship. You should get in touch as soon as you are aware of the prospect of facing a totting up ban.
In addition to these we can help with any motor prosecution whether it is;
- Failing to provide the details of the driver
- Drink driving
- Drug driving
- Driving without a licence and/or insurance
And if you need legal advice regarding road traffic accident claims please click here.
Contact our Motoring Offences Solicitors