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Totting Up · 12 Points

Twelve points.
A ban is not automatic.

When a driver accumulates 12 or more penalty points within three years, a mandatory six-month disqualification follows unless exceptional hardship is established. That is a high threshold — but it is a real one, and it is met with evidence.

At a glance

s.35 RTOA 1988
6-month minimum banAt 12 points within 3 years
Longer for repeat bans12 or 24 months if previously disqualified
Exceptional hardshipCan avoid the ban entirely

The headline reference for this service is s.35 RTOA 1988. After reviewing the facts and the procedural history of your case, I will identify the legislation and caselaw that apply to your case.

How the ban is avoided

Clarity first.
Then light at the end of the tunnel

The court must impose the ban unless it is persuaded otherwise. Persuading it is a matter of preparation.

Checking the points are correct
Points wrongly recorded, or outside the three-year window, should not count. The starting position is worth verifying.
Exceptional hardship
Hardship to you alone is rarely enough. Hardship to employees, dependants and others who rely on you is where these arguments succeed.
Evidence, not assertion
The court expects documents and witnesses — employment records, accounts, medical evidence and statements from those affected.
Arguments already used
The same circumstances cannot generally be relied on twice within three years. What was said before matters.
A shorter ban
Where the ban cannot be avoided, there is scope to argue for the minimum period rather than more.

Sentencing and possible outcomes

The court has the power to dispose of cases in multiple ways. The following are a breakdown of most disposal options and what they mean.

Headline consequences for Totting Up · 12 Points
Potential outcomeWhat this means
6-month minimum banAt 12 points within 3 years
Longer for repeat bans12 or 24 months if previously disqualified
Exceptional hardshipCan avoid the ban entirely

What to share with me

  • Any notice, letter or charge paperwork you have received
  • The dates and location of any hearing or interview
  • Your account of what happened and any supporting documents
  • Photographs, messages, receipts, witness details or other material that may support your account
  • Details of your driving record and how a conviction or disqualification would affect other people
  • Your main concerns and the questions you want answered

Personal representation

When you instruct me, you deal directly with me. I will ensure that you clearly understand the proposed work and what it will cost.

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Your next step

Free initial consultation

Your questions matter.
Let’s talk them through.

You don’t need all the answers.
Just start with what’s happened.

Book a free consultation contact@johnviolaris.com ↗
John Violaris · Criminal Defence SolicitorEngland & Wales