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Dominic Sellar

Penalty Points & Totting-Up

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Sections 28 & 35 Road Traffic Offenders Act 1988

Penalty points can be endorsed on your licence for a variety of offences.  The actual number of points that may be endorsed on your driving licence will depend on the type and gravity of the offence in question.  For serious contraventions penalty points can be substituted for an instant ban.

The most common offences that attract penalty points include:

Speeding – 3 to 6 pointsDriving without insurance – 6 to 8 pointsRunning a red light – 3 pointsMobile phone offence – 3 pointsCareless driving – 3 to 9 pointsFailing to stop after an accident – 5 to 10 pointsFailing to report an accident – 5 to 10 pointsVehicle defects – 3 pointsFailing to identify the driver – 6 points

Why Choose Us?

"I firmly believe every motorist is entitled to expert road traffic advice"

  • We offer FREE confidential advice to all potential clients.
  • We provide an HONEST assessment of your situation.
  • We offer affordable FIXED fee pricing
  • We exclusively SPECIALISE in this area of the law

Independent Testimonials

From Recent Case Wins

Honest and trustworthy service

facing a very difficult situation of a lengthy ban Dominic managed to fight my corner which resulted in a more manageable short term ban. What I liked about Dominic was that he was very straight talking and was very honest. … Continued

Careless Driving
Multiple Charges

I was facing multiple charges and Dominic sorted Everything out. I’m absolutely delighted by the outcome. And would recommend him to anyone needing a road traffic lawyer.

Penalty Points & Totting-Up
Speeding Driving Charge – 1st Class Service

Recently hired Dominic for a speeding charge I recieved. My experience was first class from start to finish upfront cost no hidden charges and communication from Dominic at all times was amazing only a phonecall away.

Speeding
Speeding Driving Charge – Falkirk JP Court

Many thanks for all your efforts in getting the speeding charge against me dropped.  I would have no hesitation in recommending the services of you and your firm.  From the outset you were very clear about the process and procedures … Continued

Speeding
Dangerous Driving. Dumfries Sheriff Court

I would like to express my gratitude to Mr Sellar for the way in which he represented me when faced with a dangerous driving charge or alternatively speeding charge. He came across as knowledgeable and professional with his advice that … Continued

Dangerous Driving
Charges Dropped

My brother recently used the services of Dominic Sellar & Co for a road traffic offence, and we’re very glad he did! The charges against him were dropped, in no small measure down to the expertise of Dominic. Wouldn’t hesitate … Continued

Speeding
Traffic Charges

I would like to thank Dominic and his team for a great outcome in court. I would highly recommend him to anyone facing traffic charges. His fee was also very reasonable.

Speeding
Speeding Charge

From the start to the end Mr Sellar came Cross as a highly intelligent man and it wasn’t until in the courtroom the real level of his intelligence and knowledge for road traffic law shone through. The end result is, … Continued

Speeding
Drink Driving & Failing to Provide at Edinburgh Sheriff Court

Thank You so much for representing me in my court cases. I am more than happy to provide a recommendation…

Drink Driving
Careless Driving Case, Hamilton Justice of the Peace Court

I would like to express my sincere thanks to you for the care and attention you showed to my mum when you recently represented her in court. This was an extremely anxious time for my mum and your professional yet … Continued

Careless Driving
Speeding and Careless Driving at Glasgow JP Court

Thank you for getting the very best result for me today. I truly appreciate the expertise and knowledge that you have and how this has enabled me to retain my very precious driving license. I will have no hesitation in … Continued

Speeding
Careless Driving and No Insurance at Lanark JP Court

Thank you so much for all your help and representation with my case at Lanark Sheriff Court. My license is essential, your expect advice and representation at trial saved my licence and my job. Thanks again, I would highly recommend … Continued

Careless Driving

 


If a driver accumulates 12 or more points within a three year period he will be disqualified for a minimum period of 6 months under the totting-up provisions.  This period increases to 12 months if the driver has been previously disqualified and to two years if he has previously been disqualified on more than one occasion.

For totting-up purposes penalty points remain “live” for a period of three years.  The period is calculated from “Date of Offence to Date of Offence”.  What matters is the number of points that you have on your licence at the time of the offence.   This means delaying a case until existing points are no longer live will make no difference.

A disqualification under totting-up has the effect of “wiping the slate clean” so that when a driver reapplies for his licence all the points that led to the disqualification are removed.


Where a driver is convicted of two or more charges that carry penalty points and arise from the same incident, the court will consider the appropriate number of points to be imposed for each offence and then order that the offence with the highest number of points is the number of points to be endorsed on the licence.  For example, a driver may be convicted of speeding which carries 3 to 6 points and careless driving which carries 3 to 9 points.  If the court considers that the appropriate number of points for the speeding charge is 5 and that the appropriate number of points for the careless driving charge is 4, then the total number that will be endorsed on the licence is 5 penalty points.


New drivers face a different problem.  If a new driver accumulates 6 or more points within the first two years of passing the test their licence will be revoked by DVLA.  They will also require to re-sit both part of the driving test.


Points can be imposed by the court and also by accepting a Fixed Penalty Notice (FPN) or a Conditional Offer from the Procurator Fiscal’s office. A Fixed Penalty or Conditional Offer can only be accepted if you have 8 or less live points on your licence. If you have 9 or more live points you cannot accept a Fixed Penalty Notice.This is because a FPN is conditional and cannot be accepted if doing so would result in 12 points and disqualification under totting-up. In these circumstances, the FPN should be ignored. Thereafter, a court summons will be issued.


Penalty points and disqualification under totting-up can be avoided if you can establish that there are Special Reasons for non-endorsement or that loss of your licence and the ability to drive will cause Exceptional Hardship.  It may also be possible to persuade the court to impose a short term period of disqualification rather than the minimum period of 6 months under totting-up.

Special Reasons

In some circumstances it may be possible to establish that there are Special Reasons why your licence should not be endorsed with penalty points.  Special Reasons must be connected with the offence and explain why the offence was committed.  Examples might include:

Driving in an emergencyDriving to escape dangerDriving a very short distanceDriving with an unknown defect

Exceptional Hardship

An application for Exceptional Hardship is an opportunity to establish that the loss of your licence and ability to drive will cause Exceptional Hardship.  Unlike Special Reasons, Exceptional Hardship takes into account the impact that disqualification is likely to have on you and those around you.  Circumstances amounting to Exceptional Hardship may include:

Loss of employmentLoss of businessLoss of homeImpact on family membersImpact on other persons

Short Term Disqualification

In some circumstances it may be possible to persuade the court to consider dealing with an offence by imposing a short term period of disqualification.  A short term period of disqualification is one which is less than 56 days.  Accordingly, an offence that would ordinarily attract penalty points can instead be dealt with by way of a short term ban.  Unlike disqualification under totting-up any live points would remain on the licence until their third anniversary.  A short term ban may be attractive to someone who is facing disqualification for a minimum period of 6 months under totting-up.

Discretionary Disqualification

Discretionary disqualification can be imposed for any offence where the court considers that penalty points are inadequate to reflect the gravity of the offence.  There is no minimum or maximum period of disqualification and the court can impose any period it considers to be appropriate.  In practice it is not uncommon for discretionary disqualification to range between 1 and 5 months.  Discretionary disqualification may be attractive to someone who is facing a ban under totting-up for a minimum period of 6 months.  Where a driver is subject to a discretionary disqualification he will not receive penalty points and any existing points will remain on the licence until their third anniversary.

How we can help

If your licence is at risk because of totting-up provisions or you think you may have an argument for Special Reasons or Exceptional Hardship we can help. Our experience and expertise in this area will quickly determine the best option for you and the prospects of success. Early expert advice can save time and expense. We can prepare your case, arrange for supporting documentation and make forceful representations at court. We pride ourselves in offering a service that is friendly, reliable and honest. For free advice that is without pressure or obligation simply contact us:

E-Mail Us Today or call 0790 55 00 870

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