Clock ticking for Yorkshire ‘Totters’

June 2008

Due to the increasing numbers of speed cameras on West Yorkshires’ roads more and more motorists are finding themselves in a position that having paid a fixed penalty for previous alleged offences, one more allegation suddenly puts them at risk of totting up 12 points or more - and losing their licence.

A driver, who accumulates 12 penalty points on his or her driving licence within a 3 year period, faces disqualification for a minimum of 6 months (Section 35 of the Road Traffic Offenders Act 1988). These are referred to as the “Totting Up” provisions.

When your driving licence or even your liberty is at stake, you need a team of experts with specialised experience in Road Traffic Laws. Some lawyers are not always aware that a driving ban can feel like a prison sentence for people who need to drive for their job or for their family life. Sukhbeer Shergill a road traffic expert of Jordans Solicitors gives an example of how lawyers can assist with mitigation and hardship defence.

Mr J has elderly parents who he transports to the hospital everyday and is a long distance lorry driver. He lives with his three children and his wife who does not work and does not drive. He has just received a summons for a speeding offence, will he automatically be disqualified?

Mr J by virtue of having 12 points on his licence would automatically become a “totter”. This is because he would have reached the limit of points allowed on his licence. He could therefore receive a minimum of 6 months disqualification. However, the courts have the power to look at the argument of “exceptional hardship”. It is not just enough to say that
Mr J would lose his job if here were disqualified.

Mr J could argue that not only would he lose his employment but his parents are heavily reliant upon him to take them to the hospital, his wife does not drive and he has three children to take care of and has a mortgage to pay.

In these circumstances the court may decide that if Mr J were to be disqualified he would suffer exceptional hardship and not disqualify him. He would remain on 12 points however if he were to commit a further offence within a period of three years then he could not use in court again the same exceptional hardship argument.

For further advice on a driving related summons or other traffic related matters, contact Sukhbeer at:

Jordans Solicitors
The Grainstore
Woolpacks Yard
Wakefield
West Yorkshire
WF1 2SG

Tel. 01924 387110