Charles Ferguson Logo

Totting Up & Disqualification

Defending totting up bans and exceptional hardship arguments across Scotland.

Employment Impact

Protecting Your Licence

12 Penalty Points

Charles Ferguson Logo

Totting Up & Disqualification

Defending totting up bans and exceptional hardship arguments across Scotland.

Employment Impact

Protecting Your Licence

12 Penalty Points

Charles Ferguson Logo

Totting Up & Disqualification

Defending totting up bans and exceptional hardship arguments across Scotland.

12 Penalty Points

Employment Impact

Protecting Your Licence

The Charles Ferguson Solicitor Team

Totting Up Disqualification — Understanding Your Position

If you accumulate 12 or more penalty points within a 3-year period, you face an automatic 6-month disqualification under the totting-up provisions of the Road Traffic Offenders Act 1988. For many people — particularly those who rely on driving for employment — this is a devastating prospect. Charles Ferguson provides specialist advice and representation in exceptional hardship hearings throughout Glasgow, Lanarkshire, and across Scotland.

The Exceptional Hardship Defence — The law recognises that, for some individuals, an automatic disqualification would cause consequences so serious it would be unjust to impose. The court has a discretion to decline to disqualify if you prove exceptional hardship. This must go beyond ordinary inconvenience and requires clear evidence of serious, specific consequences: loss of employment with no realistic alternative, impact on dependants, medical care responsibilities, or severe financial hardship affecting the entire family.

Building the Strongest Possible Case — Successful exceptional hardship arguments require thorough preparation. We work with you to gather: employer statements confirming the essential role of driving in your employment, financial evidence of the impact of job loss, evidence of dependants and caring responsibilities, and all supporting documentation that strengthens the overall picture. The courts scrutinise these arguments carefully — vague or unsupported claims rarely succeed. Experienced preparation and effective advocacy make all the difference.

Act Immediately — Time Is Critical — When you face a totting-up hearing, acting quickly is essential. The stronger your evidence and the more thoroughly your case is prepared, the better your prospects. Charles Ferguson has extensive experience in exceptional hardship hearings and understands precisely what Scottish courts require. The earlier you seek advice, the more options are available to you. Contact us today for an urgent, confidential consultation.

Testimonial

Facing a mandatory 6-month ban would have meant losing my business and my home. Jackson’s expertise in presenting an Exceptional Hardship case was second to none. He saved my licence and my livelihood. I wouldn't go anywhere else.

Private Client

Road Traffic (Totting Up)

Frequently Asked Questions

Answers to our most common questions.

The police want to interview me; should I attend without a lawyer?

No. You should never attend a police interview without legal representation. Even if you believe you have done nothing wrong, anything you say can be used in evidence. Our 24/7 team can attend with you.

Is legal advice at the police station free?

In most cases, yes. Under Scots Law, anyone being interviewed as a suspect at a police station is entitled to free legal advice, regardless of their financial circumstances.

What is the difference between Summary and Solemn procedure?

Summary cases are heard by a Sheriff or Justice of the Peace without a jury. Solemn cases involve more serious charges and are heard before a Sheriff or Judge and a jury of 15 people.

What happens after I am arrested in Scotland?

You may be released on an undertaking to appear in court at a later date, or held in custody to appear "from the cells" on the next lawful day. We provide immediate representation for both scenarios.

Can you help with domestic abuse allegations?

Yes. We have extensive experience defending domestic-related charges. We understand the sensitive nature of these cases and the impact of special bail conditions on your family life.

What should I do if I am served with a Summary Complaint?

Contact us immediately. This is a formal court document outlining the charges against you. We will review the evidence (the "disclosure") and advise on your plea and defence strategy.

Frequently Asked Questions

Answers to our most common questions.

What legal services does Charles Ferguson Solicitors provide?

We represent clients solely in criminal defence and road traffic law. Our services range from police station representation and domestic offences to complex High Court cases and road traffic litigation across Scotland.

Where are your offices located?

We are strategically placed to serve clients in Glasgow, Hamilton, and throughout the Central Belt and across the West of Scotland. Our Glasgow office is located at 20- 23, Woodside Place, Glasgow G3 7QL and our Hamilton office is location at 3.11 , CoVault, 1 Barrack Street, Hamilton, ML3 0DG

Are you available for emergencies outside of office hours?

Criminal emergencies do not wait for Monday morning. Contact us on for Glasgow on 0141 345 5735 and Hamilton on 01698 285 885 or request our services at the Police Station by asking for a consultation with us when the police ask if you wish to speak to a lawyer.

How are fees structured?

An initial consultation fee secures priority appointments and is credited against total costs if you proceed. We provide transparent estimates based on the complexity of your case, with no hidden charges.

Can I switch my current solicitor to Charles Ferguson?

Yes. If you are unhappy with your current representation, you have the right to change solicitors. We frequently take over cases mid-proceedings to provide a more robust and proactive defence.

Frequently Asked Questions

Answers to our most common questions.

What legal services does Charles Ferguson Solicitors provide?

We are specialists in criminal defence and road traffic law. Our services range from police station representation and domestic offences to complex High Court cases and road traffic litigation across Scotland.

Where are your offices located?

Our main office is in Hamilton (Lanarkshire), and we maintain a dedicated office in East Kilbride. We are strategically placed to serve clients in Glasgow, Motherwell, and throughout the West of Scotland.

Are you available for emergencies outside of office hours?

Criminal emergencies do not wait for Monday morning. If you or a family member is arrested at any time, call 01698 285 885. We will arrange solicitor attendance at the police station and ensure your rights are protected from the moment of detention.

How are fees structured?

An initial consultation fee secures priority appointments and is credited against total costs if you proceed. We provide transparent estimates based on the complexity of your case, with no hidden charges.

Can I switch my current solicitor to Charles Ferguson?

Yes. If you are unhappy with your current representation, you have the right to change solicitors. We frequently take over cases mid-proceedings to provide a more robust and proactive defence.

Limited availability as of

Apr 23

Book An Initial Consultation

Schedule an appointment and let Charles Ferguson Solicitors take care of your case today.

Limited availability as of

Apr 23

Book An Initial Consultation

Schedule an appointment and let Charles Ferguson Solicitors take care of your case today.

Limited availability as of

Apr 23

Book An Initial Consultation

Schedule an appointment and let Charles Ferguson Solicitors take care of your case today.