Receiving penalty points on your driving licence can have serious consequences. For most drivers, reaching 12 points within a three year period will result in a disqualification under the “totting up” rules. If you are approaching 12 points, it is important to understand what happens next, how the court will assess your case and what options may be available.
What Happens When You Reach 12 Points?
If you accumulate 12 or more penalty points within three years, the court will usually impose a driving ban. This is known as a totting up disqualification and applies regardless of whether the points were received for the same type of offence or for different motoring offences over time.
The minimum period of disqualification is usually six months. However, if you have previously been disqualified under the totting up rules, the ban may be longer. Drivers who have received a previous totting up disqualification within the last three years can face a minimum ban of 12 months, while repeat offenders may face a minimum disqualification of two years.
The ban is not applied automatically when the points are added to your licence. Instead, the matter will usually be listed for a court hearing where magistrates will consider whether a disqualification should be imposed.
The Court Hearing
When you attend court, the magistrates will review your driving record and confirm whether the addition of the latest points takes you to 12 or more within the relevant three year period.
If the threshold has been reached, the court is required to consider disqualification. This means that simply accepting the points without attending court is not usually an option.
The hearing also provides an opportunity for you or your solicitor to present any arguments as to why a disqualification should not be imposed, including an application based on exceptional hardship.
Can You Avoid a Driving Ban?
In some circumstances, it may be possible to avoid a totting up disqualification by establishing exceptional hardship. This is one of the most common reasons why drivers facing a ban seek legal representation.
An exceptional hardship application involves demonstrating that a driving ban would cause consequences that go beyond the normal difficulties associated with losing a licence. If the court is persuaded by the evidence, it has the discretion to reduce the period of disqualification or avoid imposing a ban altogether.
However, there is no guarantee of success and each application will be assessed on its individual facts.
What Is Exceptional Hardship?
Exceptional hardship does not simply mean that losing your licence would be inconvenient or make life more difficult. Most drivers who are disqualified experience some level of hardship and the court expects this.
Instead, the court will be looking for consequences that are genuinely exceptional. Successful applications often focus on the impact a ban would have on other people rather than the driver alone.
For example, the court may consider whether a disqualification would result in employees losing their jobs, prevent a vulnerable relative from receiving essential care or cause serious financial hardship to dependants. Evidence is usually required to support these claims, such as letters from employers, financial records or medical documentation.
The stronger and more detailed the evidence, the more likely the court is to give the argument proper consideration.
New Drivers
Different rules apply to new drivers. If you accumulate six or more penalty points within two years of passing your first driving test, your licence may be revoked by the Driver and Vehicle Licensing Agency.
This is separate from the totting up system and can occur long before 12 points are reached. If your licence is revoked, you will need to apply for a new provisional licence and retake both the theory and practical driving tests before regaining full driving privileges.
Many new drivers are unaware of these rules and are surprised to learn that relatively few offences can result in licence revocation.
Other Consequences of 12 Points
In addition to the risk of disqualification, accumulating a large number of penalty points can affect other aspects of your life. Insurance premiums often increase significantly and some insurers may refuse to offer cover altogether.
For drivers who rely on their licence for work, a ban can also affect employment opportunities, business operations and future career prospects. Professional drivers and those who regularly travel as part of their role can be particularly affected.
These wider consequences make it important to address the situation as early as possible rather than waiting until the court hearing.
Why Legal Advice Matters
If you are facing a driving ban, obtaining legal advice at an early stage is important. A solicitor can assess your licence record and advise on the strength of any exceptional hardship argument.
They can help prepare your case and ensure that it is presented effectively before the court.
A well prepared application can make a significant difference to the outcome and may help you retain your licence where the law allows.
How Can We Help?
We have over 30 years’ experience of criminal defence work. By staying on top of changes in legislation and case law, we can give our clients the best possible advice. If you would like to discuss any aspect of your case, please contact Tarsem Salhan on 0121 605 6000 or at tsalhan@salhan.co.uk.