For the majority of speeding offences, the punishment will consist of a fine, and penalty points being added to your licence. Depending on the severity of the speeding offence, and the offender’s history, the court may endorse the licence with up to 6 penalty points.
If you accumulate 12 or more licence penalty points within 3 years, whether for speeding or other traffic offences, you should expect to be disqualified as a “totter” for up to 6 months. This is known as “totting up”. Before this, there will be a court hearing, where the disqualification will be considered. During this hearing, you can present an argument that might prevent the ban.
If you are disqualified for at least 56 days, you’ll have to apply for a new licence before you drive again, and you may have to retake your test. Drivers who passed their test within the last 2 years will have their licence cancelled if they accumulate just 6 points. If this happens, they will have to retake the entire test, including the theory element.
How Long Do Penalty Points Last?
Penalty points are valid for three years from the date of your conviction but will stay on your licence for four years. Points that are no longer valid will not be taken into account when totting up, but they may still be considered by a judge if you commit an offence. The most important factor, however, is the number of valid points on your licence at the time of the offence.
Avoiding a Totting Up Disqualification
Defendants and their representatives are given the opportunity to present an ‘exceptional hardship’ argument to the magistrates. In cases where losing your licence will result in exceptional distress, such as long-term job loss or extreme family discomfort, the court may not impose a disqualification. An exceptional hardship argument must be well-planned in order for it to be successful. Our experienced Barristers will help you present your case in the best possible way.