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.
Frequently Asked Questions
Answers to our most common questions.
What is the drink-driving limit in Scotland?
The limit in Scotland is lower than in England and Wales: 22 micrograms of alcohol per 100ml of breath (compared to 35mcg elsewhere in the UK). This often means a single drink can put you over the limit.
Can I get a Speed Awareness Course in Scotland?
No. Unlike England, Scotland does not offer Speed Awareness Courses. If you are caught speeding, you will usually face a fine and penalty points or a court summons for higher speeds.
What is an 'Exceptional Hardship' argument?
If you reach 12 penalty points, you face a mandatory 6-month ban (totting up). We can argue "Exceptional Hardship" to keep your licence if a ban would cause extreme suffering to others (e.g., family or employees).
Can I avoid a ban for drink-driving?
Drink-driving carries a mandatory minimum 12-month ban. However, in very rare cases, we can argue "Special Reasons" (e.g., spiked drinks or a very short distance driven) to move the court to refrain from banning you.
How do the points work for "New Drivers"?
If you are within the first two years of passing your test, your licence will be revoked by the DVLA if you accrue 6 or more points. You would then have to resit both your theory and practical tests.
What are the penalties for "Dangerous Driving" in Scotland?
Dangerous driving is a serious offence carrying a mandatory minimum 12-month ban and a requirement to sit an extended driving test. In the most serious cases, it can result in a prison sentence.