What Happens When I Reach 12 Penalty Points?

In the UK, a penalty points system is in place to regulate driving behaviour and maintain safety standards on the road. Points are assigned for various driving offences, serving as a deterrent to reckless driving. However, it is not uncommon for points to mount up over time. When a motorist accrues 12 points within three years, they face a possible driving ban, leading to significant personal and professional consequences. 

As part of our commitment at JMW Solicitors, to educate and inform motorists across the UK, we have created this comprehensive guide focusing on a crucial aspect of the driving penalty system -— accumulating 12 points on your licence.

The UK Penalty Point System Explained 

Penalty points in the UK, also known as endorsements, are primarily awarded for motoring offences, each carrying a specific number of points. These offences can range from speeding or using a mobile phone while driving, carrying three to six points, to more serious infractions like careless driving, which can attract up to 9 points.

The points are registered on your driving record and stay active for a period of three years from the date of the offence. If you accumulate 12 or more points within this three-year span, you face a potential driving disqualification under the 'totting-up' procedure.

The 'totting-up' procedure is a mechanism that ensures persistent offending drivers face harsher penalties. It is an integral part of the penalty point system designed to enforce safety standards and responsible driving behaviour in the UK.

Unpacking the Totting-Up Procedure

The 'totting-up' procedure is initiated when a driver collects 12 or more penalty points within a three-year period. Its central purpose is to address persistent disregard for driving rules and regulations. When the 'totting-up' threshold is reached, the courts are compelled to consider a driving ban.

Typically, under the 'totting-up' procedure, a driver faces a six-month disqualification from driving. This period increases to one year if a second disqualification happens within three years, and two years for any subsequent disqualifications. However, the court does have discretionary powers; they can increase the length of the ban or, in some specific circumstances, not impose a disqualification at all.

The consequences of a 'totting-up' disqualification can be severe. It is more than an inconvenience; it can have profound implications for personal freedom, employment, and family responsibilities. This underlines the importance of understanding the procedure and its potential impacts.

What Happens if You Get 12 Points on Your Licence?

If you get 12 or more points on your licence within a three-year period, you will receive a court summons in the post. You will be asked to attend court where the Magistrates (or a District Judge) will decide whether or not you should be banned from driving.

The law states that drivers who accumulate 12 or more points on their licence within a three-year period should face an automatic driving ban. This is known as a totting-up ban. The minimum sentence is a six-month ban. However, the court can impose a longer disqualification where appropriate.

The Exceptional Hardship Argument

The concept of 'exceptional hardship' emerges as a potential pathway to either avoid a driving ban or mitigate its length under the 'totting-up' procedure. If the ban would cause the driver, or others, undue hardship that extends beyond ordinary levels, the court might reconsider the disqualification.

However, it is essential to recognise that successfully arguing exceptional hardship is no easy task. The hardship must genuinely be 'exceptional’. This means that merely demonstrating inconvenience or disruption to daily life, including the loss of a job, may not be sufficient. The courts consider hardship 'exceptional' when it extends beyond the driver, to affect others drastically, such as dependents who rely on the driver for care or transportation, or if it results in severe financial implications.

It is also important to note that the same reasons for exceptional hardship cannot be used again within three years. A successful argument today might not help you avoid disqualification in the future.

Constructing a Persuasive Exceptional Hardship Case

Crafting an effective exceptional hardship plea is a delicate process that demands thorough preparation and astute presentation. It is not merely about stating the adverse effects of a disqualification, but also demonstrating how these effects are far-reaching, extending beyond you to significantly impact others.

Start by outlining the specific hardships that a ban would cause. You could mention loss of employment, an inability to fulfil care duties for dependents, or perhaps severe financial consequences. Remember, you must go beyond just an inconvenience, showing that the hardship is genuinely exceptional.

Substantiate your argument with concrete evidence, such as employment contracts indicating a reliance on a driving licence, documentation proving the care of dependents, or financial records to support claims of severe financial repercussions.

Articulating your case in court is also pivotal. The court needs to understand the severe implications of a ban on your life and those dependent on you. A clear, well-structured presentation can make a significant difference.

Given the complexity of the process, it is highly advisable to seek professional legal assistance in building and presenting your case. A skilled solicitor, such as a member of our team at JMW Solicitors, can provide the necessary advice, helping you construct a compelling argument and guide you through the process.