Penalty points and “totting up” disqualification
For many road traffic offences the court must endorse the defendant's driving licence with penalty points.
Where a person is convicted of an offence that carries endorsement with penalty points and the penalty points to be taken into account on that occasion number 12 or more then the court must order the defendant to be disqualified for not less than the minimum period. The penalty points to be taken account are those imposed during the three years preceding the commission of the present offence.
The minimum period is 6 months if the defendant has no previous relevant disqualification A relevant disqualification is one of more than 56 days imposed within the previous three years for "totting up"
If the defendant has a previous relevant disqualification the minimum period is 12 months. If he has 2 previous relevant disqualifications the minimum period is 2 years.
Contact Tony Wilkinson 0115 8525813 to talk about your case and arrange representation. We represent drivers nationwide.
Avoiding disqualification under "totting up"
Have you got a case?
If the court finds that there are mitigating circumstances the court may order a disqualification for a shorter period or may order no disqualification at all.The most common reason for reducing disqualification or for not disqualifying is that to disqualify would cause exceptional hardship, often by loss of job. So if disqualification will impact on your job you have an arguable case to put to the court. It needs putting properly.
Before a court may exercise its discretion it must usually hear evidence. It is possible for an experienced advocate to put forward a convincing case to the court such that the court decides to reduce the disqualification or not to disqualify. The court will accept hardship to the defendant alone or hardship to the defendant's family.
Magistrates seem to be getting tougher on these cases at the moment. If you represent yourself are you really going to do yourself justice?
To discuss your case ring me on 0115 8525813
