Road Traffic Law


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Wow Wow Wow I have had these cases worrying me sleepless for months, one telephone call and a quick visit to the Glasgow Office and I had the first case dismissed without even having to give evidence, just had a call to say the Mobile Case calling tomorrow has also now been dismissed, these cases would have cost me my licence, I can't believe how efficient and smart these guys are, they certainly know the Traffic Law inside out and Back to Front, if you need a Road Traffic Lawyer these are definitely the guys to come to.
, Paisley

I was recommended to Roadtrafficlaw Solicitors by a colleague. I am happy to report that I thought the service provided was fantastic! The solicitors’ knowledge of the case was excellent. The advice I was given at the outset, is what actually happened. I would give the firm an overall rating of 5 out of 5 and I will be happy to recommend them to others.
Road Traffic Lawyers is rated 5/5 based on 63 testimonials.



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.

Recent Case Results

Dangerous Driving – Stirling Sheriff Court

Dangerous Driving – Stirling Sheriff Court - Outcome after negotiations with the Crown our client pled guilty to a reduced charge of careless driving Section 3 with substantial deletions to the original libel, 6 penalty points endorsed and £400 fine.[read more]

Mobile phone case at Dumbarton Justice of the Peace Court

Mobile phone case at Dumbarton Justice of the Peace Court - outcome Case deserted simpliciter[read more]

Speeding Dumbarton Justice of the Peace Court

Speeding Dumbarton Justice of the Peace Court - Outcome case deserted simpliciter[read more]