Driving disqualification
Penalty points (totting up)
If you reach 12 or more penalty points within a three-year period you are liable to be disqualified for a minimum of six months. Preparation makes the difference — many drivers lose the argument simply because they did not know what the court needed to see and hear.
Last reviewed: 2 August 2026
How totting up works
Penalty points may be endorsed on your driving licence for certain motoring offences — either a fixed number of points, or a variable number. The most common endorsable offences are:
- Speeding — 3 to 6 points
- Failure to give driver details — 6 points
- Driving without due care — 3 to 9 points
- Failure to stop or report an accident — 5 to 10 points
- Using a mobile phone whilst driving — 6 points
- No insurance — 6 to 8 points
Where the offence carries a fixed number of points the court has no discretion. Where the number is variable, the court considers the circumstances of the offence, guided by the aggravating and mitigating features in the Magistrates’ Court Sentencing Guidelines.
Any offences committed within 3 years of each other are relevant for totting purposes — it is the date of the offence that counts. If you reach 12 or more points within a 3-year period, you are liable to a totting-up disqualification for a minimum of 6 months.
What will happen if I am a totter?
You will be required to attend court, because you face a disqualification of at least six months. If you do not attend, the court may issue a warrant for your arrest — and could disqualify you in your absence.
Can the court ban me for longer than 6 months?
Yes — if you have a previous disqualification of 56 days or more within the last 3 years. With one previous disqualification the minimum becomes 12 months; with two or more, 2 years. The court can impose longer periods.
How can I avoid a totting-up ban?
By satisfying the court that there are grounds for mitigating the normal consequences of the conviction. The ground most commonly relied on is that disqualification would cause you — or another person — exceptional hardship. This must be more than hardship or inconvenience.
What are examples of exceptional hardship?
Loss of your job or business; other people losing their jobs; loss of the ability to help a person solely reliant on you; and serious effects on family members or employees.
What documents should I take to court?
It depends on your argument, but may include a letter from your employer, a letter from a relative, medical records, a statement from an accountant, or a quote from a chauffeur. Being properly prepared with supporting documentation is vital.
Will I have to speak in court?
Yes. Evidence must be given on oath or affirmed for an exceptional hardship argument, or you will need to confirm what your solicitor has said on your behalf. The prosecutor or the court may also ask you questions.
How hard is it to prove exceptional hardship?
Each case depends on its own facts. The court must be satisfied on the balance of probabilities that disqualification would cause you or another person exceptional hardship. Courts are often more sympathetic where someone other than the driver would suffer.
If the court finds exceptional hardship, will I definitely keep my licence?
No — the court retains a discretion to disqualify for any period it specifies, even where it finds exceptional hardship. And if you keep your licence, the points remain on it.
What if I commit another offence afterwards?
You fall liable to be disqualified under the totting provisions again if you have 12 or more points within 3 years. If you succeeded with an exceptional hardship argument, you cannot rely on the same argument again for 3 years.
Can I appeal if I lose?
You can appeal to the Crown Court within 21 days of sentence (or later with a judge’s leave), and you can apply to suspend the disqualification pending appeal. There would be a rehearing before a judge and two magistrates — but if you lose, you could face a longer ban and additional costs.
When would you need a solicitor?
- To advise you on your chances of success
- To tell you what supporting documents you need — and check they are appropriate
- To write a letter to the court on your behalf
- To present the case in court
- To assist you in appealing a Magistrates’ Court decision
- To apply for any disqualification to be suspended pending an appeal
- To represent you at an appeal hearing in the Crown Court
Facing a driving disqualification?
Get advice before your hearing, not after
Our experienced motoring solicitors can tell you what happens next and what can realistically be done. Call today for free initial telephone advice.