Licence Points & Disqualification

Disqualification & Totting Up Solicitors — Keeping You on the Road

Reaching 12 penalty points triggers a mandatory minimum 6-month disqualification under the totting up provisions. Certain offences — dangerous driving, drink driving, and others — carry their own mandatory or discretionary disqualification periods. In both cases, a specialist motoring solicitor can argue exceptional hardship, challenge the evidence, and make the case for the shortest possible ban. For drivers who depend on their licence for their livelihood, this is not a formality — it is essential.

Totting up exceptional hardship Mandatory & discretionary ban defence New driver 6-point revocation Licence restoration applications
⚠️ Approaching 12 points or already at risk of disqualification? The exceptional hardship argument is your best opportunity to keep your licence — but it must be prepared thoroughly and supported by evidence. A poorly prepared argument wastes your one chance per 3-year period. Take advice before your court hearing.

Totting Up — How It Works

Under s.35 Road Traffic Offenders Act 1988, a court must disqualify a driver who has accumulated 12 or more penalty points on their licence within 3 years — unless the driver can establish exceptional hardship. The disqualification periods are:

📍
12+ points — first totting disqualification
  • Minimum 6-month disqualification
  • Points that triggered the ban are wiped on return of the licence
  • Exceptional hardship argument available
📍📍
12+ points — within 3 years of a previous totting ban
  • Minimum 12-month disqualification
  • Exceptional hardship argument still available
📍📍📍
12+ points — within 3 years of two previous totting bans
  • Minimum 2-year disqualification
  • Exceptional hardship argument still available

Exceptional Hardship — Making the Argument

Exceptional hardship must be significantly beyond the ordinary inconvenience of losing a licence. Courts are familiar with the standard arguments and will not be moved by inconvenience alone. What counts:

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Job loss — where driving is an essential and irreplaceable part of the role and there is no realistic alternative transport. Evidence needed: employer letter, employment contract, job description, evidence of remote location.
👨‍👩‍👦
Impact on third parties — significant hardship to employees who would lose their jobs if the defendant loses their licence, or to dependants with medical or care needs that cannot be met another way.
🏥
Medical dependants — regular essential medical appointments for a family member that cannot be reached by public transport, taxi, or other means. Medical evidence and transport research required.
🚫
What does not qualify — ordinary inconvenience, inability to afford public transport, preference for driving, general difficulty getting to work where alternatives exist. Personal hardship from losing the licence itself is not exceptional — everyone who is banned faces that.

One attempt per 3-year period: The exceptional hardship argument can only be run once in any 3-year period on the same grounds. A solicitor ensures you do not waste your opportunity on a poorly prepared submission — and identifies the most compelling grounds based on your specific circumstances.

Evidence required: Letters from employers, witnesses who give evidence about the impact, medical evidence, research into alternative transport, and financial evidence may all be needed. Your solicitor identifies what is needed and prepares it well before the hearing.

Mandatory & Discretionary Disqualification

Some offences carry mandatory disqualification as part of the penalty — separate from totting up. Under s.34 Road Traffic Offenders Act 1988:

🔴
Mandatory disqualification offences
  • Drink / drug driving (minimum 12 months — first offence)
  • Dangerous driving (minimum 12 months)
  • Causing death by dangerous driving (minimum 2 years)
  • Causing death by careless driving while under the influence (minimum 2 years)
🟡
Discretionary disqualification offences
  • Speeding (Band B and C — court's discretion)
  • Careless driving
  • Using a hand-held mobile phone while driving
  • Any endorsable offence where the court considers disqualification appropriate

New Drivers & Licence Restoration

🆕
New driver revocation — Road Traffic (New Drivers) Act 1995

If a driver accumulates 6 or more penalty points within 2 years of passing their test, their licence is automatically revoked. They must re-apply for a provisional licence and pass both the theory and practical tests again. Unlike totting up, there is no exceptional hardship argument available — revocation is automatic.

🔓
Licence restoration — s.42 Road Traffic Offenders Act 1988

A disqualified driver can apply to the court for early removal of the ban once a minimum period has elapsed: 2 years of a ban of 4 years or less; half the ban period for longer bans. The court considers conduct since disqualification, character, and the nature of the original offence. A solicitor prepares and presents the restoration application.

Frequently Asked Questions

What points are counted for the 3-year totting up period?

The 3-year period runs from the date of the earliest offence, not from the date of conviction or endorsement. Points accumulate from conviction to conviction — so a conviction in 2023 for an offence committed in 2021 counts from 2021. Points from offences committed more than 3 years before the most recent offence are disregarded. Your solicitor reviews your DVLA record carefully to verify which points are live for totting purposes.

Can the court still disqualify me even if I'm under 12 points?

Yes. A court has discretion to impose a disqualification for any endorsable offence under s.34 RTOA 1988, even if you have fewer than 12 points. For some offences (such as higher-band speeding or using a mobile phone), the sentencing guidelines indicate that disqualification should be considered as an alternative to points. A solicitor argues against discretionary disqualification by emphasising your clean record and the mitigation in your case.

How do I prove exceptional hardship to the court?

You give evidence on oath, supported by documents. Typical evidence: a letter from your employer confirming your role requires driving, that no alternative transport is available, and the specific consequence (likely dismissal) of a ban. For impact on third parties: witness statements or live evidence from those affected, such as employees or the person requiring care. Courts scrutinise vague assertions — the evidence must be specific and verifiable.

If I lose my ban argument, when can I drive again?

At the end of the disqualification period, you do not need to re-apply for a licence — your original licence automatically becomes valid again (unless it expired during the ban, in which case you must renew it). However, if you were convicted of a drink or drug offence making you a high risk offender (HRO), DVLA will not restore your licence until you pass a medical examination. Your solicitor confirms whether HRO status applies.

Can I apply to remove my disqualification early?

Yes — under s.42 RTOA 1988, you can apply to the sentencing court to remove a disqualification once a minimum period has elapsed: 2 years for bans of up to 4 years; half the ban for longer bans. The court considers your conduct since the ban, character evidence, and the nature of the original offence. Applications are not automatically granted. Your solicitor prepares the application and presents it persuasively.

How It Works

One clear request. A motoring solicitor contacts you.

An exceptional hardship argument must be prepared thoroughly with real evidence. Submit your request and a motoring law solicitor will advise on your best approach and prepare the strongest possible case to keep your licence.

Submit Your Request
1

Tell us your situation

Describe your current points total, any new offence, and your court hearing date.

2

Case reviewed

We connect you with a motoring solicitor who assesses your hardship grounds and evidence.

3

Hearing prepared

Your solicitor prepares evidence, coaches witnesses, and presents the argument at court.

One Chance — Prepare It Properly

Facing a totting up ban? Your exceptional hardship argument needs expert preparation.

You can only argue exceptional hardship once per 3-year period on the same grounds. A motoring solicitor ensures your evidence is thorough and your argument is compelling. Submit your request today.

Submit Your Request

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