Penalty Points Totting Up

Most of the offences discussed on this site carry penalty point endorsements of your licence. This is the case even if you accept a FPN (Fixed Penalty Notice). Following a speeding ticket, a speeding fine or other financial penalty is a nuisance which the majority of drivers could do without. But, the crucial penalty is the points.

If you receive 12 points during any 3 year period, for speeding or other offences, then the court will disqualify you from driving for a minimum of 6 months. The points are ‘totted up’, which is why it’s called a ‘totting disqualification’.

To disqualify you the court will need to summons you to attend. Thus, if you already have 9 points on your licence and commit a speeding offence, then your case will eventually end up in court, even if the police do not immediately realise you are a ‘totter’. If you are banned from driving then the only piece of good news is that all the penalty points are wiped from your licence.

However, during the period of the disqualification you must not drive any vehicle and, if you do so, then you commit the far more serious offence of driving while disqualified. This offence carries a maximum sentence of 6 months imprisonment. At the end of the disqualification, you may apply to the DVLA for the return of your licence.

For new drivers the penalty for a speeding ticket is severe. If a new driver picks up 6 penalty points within their first 2 years on the road (for example, following a high speeding reading), then their licence is automatically revoked.


It would be wrong to describe your options as being ‘loopholes’ because the law allows you to argue against a totting disqualification.


Julian Harris


T. 07714 302 072