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Testimonials


When i was charged with ‘Drunk in charge of a vehicle’ I didn’t know what to do or who to contact. Fortunately I’ve known one lawyer for a number of years so contacted him immediately. I explained my situation to which he replied immediately ‘ If there’s anyone that can help you its a personal friend Graham Walker’. Obviously at first i was dubious of such a high recommendation so quickly but it soon became apparent it was the right choice. Living on a small island on the west coast of Scotland isn’t practical at the best of times never mind trying to win a court case with your lawyer, the court and residence all in different places. Having said this Graham and his team weren’t phased by the logistics in the slightest and pressed on with the case straight away to a fantastic standard. One of Grahams juniors Simone travelled to the scene of the incident to photograph the scene,interview witnesses and appreciate the logistics of the offence. Simone couldn’t be faulted in any aspect of the investigation. She went through everything with a fine toothed comb and came across genuinely on my side of the argument and determined to get the best outcome possible.Knowledgeable and professional throughout, Simone is a real credit to Graham and Road traffic law as a company. Graham Walker drove 3 hours to get to court for the case not to go on trial and he didn’t bother in the slightest. Again, the main concern was my case and getting the best possible outcome. The second time he made the 3 hour drive the trial went ahead. It was at this time i witnessed him stand in front of the court room and ‘grab the bull by the horns’ so to speak. With his eloquent manner and calm demeanour it wasn’t long before the fiscal and witnesses were on there back feet wondering what to ask next. This was the theme from the outset and subsequently he won the trial with an impressive portfolio of questions and techniques. Graham,Simone and I’m sure the rest of there colleagues at Road Traffic Law are exceptionally well educated in the given department and couldn’t provide a better service. If anyone has been charged with a road traffic offence theres only one company that will give you the service and confidence to win your case and thats road traffic law. Impeccable service form start to finish.
, West Coast Of Scotland

I was wrongly accused of dangerous driving and not understanding the consequences of it, I had pleaded quilty for the charge. When I realised the seriousness of the charge I contacted Graham at Roadtrafficlaw.com. Their personal touch and attention impressed me from the beginning. All my emails were replied promptly and I felt I was in good hands. Not only did they help me to get the plea changed but I was very impressed how Kirsty Ferguson managed to negotiate a reduced guilty plea to careless driving. These guys not only have the contacts but also the level of relationships which ensure that my case was properly heard behind the scenes. I was obviously hoping to have the whole case dismissed but I'd suppose miracles don't often happen. I was very impressed on Kirsty's meticulous preparation before the the court hearing and even more so how she conducted my case at the front of the sheriff. It was a real pleasure to observe a true professional at work. Thanks to her and the Roadtrafficlaw team, I am able to continue working as self employed management consultant. I cannot do my work without being able to drive. I am happy with the outcome and sincerely recommend these guys to help you if you are facing the wrong end of the bargain. They are true professionals and know their business. Many thanks, indeed
, Dangerous driving
Road Traffic Lawyers is rated 5/5 based on 63 testimonials.

IN-THE-MEDIA

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Totting Up Guide

Totting up in Scotland occurs when your conviction is recorded by the court and penalty points endorsed upon your driving licence. As this total grows they are commonly referred to as totting up, points.

When a court refers to “Totting Up” they are referring to the accumulation of 12 or more points on your driving licence and the decision to disqualify you from driving or holding a driving licence. Fill in the online form and ask for our Exceptional Hardship Leaflet for a lot more information on how to save your licence when facing a Totting Up Ban in Scotland..

Totting up is recorded from date of offence to date of offence. This has to be one of the most frequent questions we are asked about as people consider trying to delay their case in some way to escape totting up. This will not work. Points are counted from date of offence to date of offence.

Endorsements must stay on your driving licence for four or eleven years depending on the offence. They are live for totting purposes for 3 years but you cannot have them removed from your licence until the 4th anniversary

Usually a 6 month period (It is more if you have been banned before) is imposed when the court finds that totting up has reached 12 points but this is not always the case. A good lawyer can make a tremendous difference in how to present your case to the court to establish something called “Exceptional Hardship”

Penalty points and Codes

Each endorsement has a unique offence code and is allocated ‘penalty points’ on a scale from one to eleven, depending on the severity of the offence. The endorsement (and penalty points) is updated on your driver record and written on your paper driving licence or the counterpart document of your photocard driving licence. It is shown as a TT99 code. Usually done by DVLA but sometimes by the court where you appear.

Producing your driving licence for endorsement

You do need to take your licence to court with you but if you have lost the document then the court can USUALLY obtain a copy of your driver’s record from their computer system.

If your driving licence is mislaid or lost, get a duplicate online it is simple and easy and fast.

If your driving licence is not returned after being endorsed, you’ll need to contact the Fixed Penalty Office or the court responsible for endorsing it. If you’ve changed address, or your licence is damaged or the endorsement area is full, the Fixed Penalty Office or court will send your driving licence to DVLA to be updated. It will be returned to you within three weeks.

Removing expired endorsements from your driving licence

You can apply to remove expired endorsements by exchanging your driving licence for a new one.

Expired endorsements are automatically removed when you apply to renew or update your licence for other reasons.

Exceptional Hardship Proof

It is possible to reduce the length of disqualification or even remove it.

If there are mitigating circumstances. Simply saying to the court that the disqualification will cause hardship is not enough. It is thought that disqualification would normally cause hardship, and is part of the penalty. Only if you can show that the hardship is exceptional will the court consider that the penalty should be reduced. The courts interpret this strictly – exceptional hardship must be something out of the ordinary.

Exceptional hardship is only relevant when you are disqualified under the “totting up” provisions. If you accumulate 12 or more points on your licence within a period of three years, then you will automatically be disqualified from driving for a period of six months (or longer if you have been disqualified before).

What could amount to exceptional hardship in any given case depends on the circumstances. If you can show that the disqualification would also cause hardship to others – for example family members, work colleagues or employees, or others who rely on you, such as ill or infirm relatives – then this will certainly be in your favour. In one case, a self-employed painter and decorator argued that a disqualification would result in his business failing (resulting in hardship to him and his family) and his three employees losing their jobs (which would cause hardship for their families). The painter was the only person in the business who held a licence, and he required to drive a van to transport his employees and equipment. This was held to be exceptional hardship.

Alternatively, if the disqualification would cause you extreme personal hardship, then the courts may consider that exceptional hardship has been established. In one case, a driver argued that if he was disqualified, he would lose his job, be unable to pay his mortgage and would lose his house, would be unable to pay a loan from his employers, and would probably result in the break-up of his marriage. The court considered that in the circumstances this was exceptional hardship. In another case, a full-time taxi driver in his forties successfully argued that if he was disqualified, he would lose his taxi licence which would take him up to ten years to regain. The court found that this amounted to exceptional hardship.

Other cases in which exceptional hardship was established

Mugaraneza v PF Glasgow (11 December 2008)

Driver’s business would come to an end and his three employees (including his wife) would lose their employment if he was disqualified. The court noted the importance to the driver’s family of his income and that of his wife, and the current economic climate.

Colgan v McDonald (1999)

Single mother with one son who had cerebral palsy and another who had behavioural difficulties which necessitated psychiatric treatment. Required to drive her sons to school and hospital, and generally transport them.

Findlay v Walkingshaw (1998)

Driver was a livestock driver who also had very specific skills, experience and duties who would be difficult to replace. Disqualification would have a significant impact on the driver’s employer.

Howdle v Davidson (1994)

Wife had a franchise of a car garage, which was effectively run by her husband, the driver. Strong possibility that driver would lose his job and his wife would lose the franchise, leaving the driver, his wife and their children without income. The security of the company would also be jeapordised, and so too would the employment of other staff.

Graham Walker

Graham Walker

Road Traffic Lawyer at RoadTrafficLaw.com
Road Traffic Lawyer: Graham Walker LLb,DipLP,NP

30 Years practising as a Criminal lawyer in Scotland. Specialising in road traffic law. Whatever the road traffic law problem is we are sure that we can help you. It may be about speed cameras, Speeding fines, penalty points. Call 0800 612 9597.
Graham Walker
Graham Walker
Graham Walker
Graham Walker

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