Totting up - Road Traffic Lawyers Glasgow

Have you received 12 or more penalty points during a 3-year period?

Are you presently sitting on 9 points and facing a further 3 points for a new offence? Are you facing an offence where the points imposed will likely take you to the 12-point threshold?

If you are at risk of losing your licence through the totting up procedure, we are here to help.

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We understand that being accused of a crime is a stressful experience. That’s why we provide 24-hour assistance for emergencies and effective representation should you require to appear before any court.

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What Can You Do To Prevent a Totting Up Ban?

Check that all of the points have been incurred during the three-year period. Penalty points remain on your Licence for four years but only count in relation to Totting Up for three years.

Check the date of the offence. It is the date the offence took place that the Court will take into account. It does not matter if the offence was committed while you were sitting on nine points, and by the time the offence gets to court, some of your points no longer count. The date of offence is vital.

If you are sitting on nine points and commit a further endorsable offence, you will not be able to accept a fixed penalty offer (normally three points and £60 fine). This may still be given to you by the Police in error. However, once you attempt to pay the fixed penalty, it will be noted you would be liable to Totting Up, and the matter will be referred to court.

Are You Facing a Ban From Driving Under Totting Up Regulations?

Any penalty points you receive for a driving offence will remain on your licence for a period of three years; however, they cannot be removed until four years after the offence was committed.

If you commit more than one driving offence within a three-year period, the penalty points received from each offence are accumulated.

If you accrue 12 penalty points on your licence within this time frame, you will be disqualified from driving by the Court for a minimum period of six months; however, this may be longer if you have been disqualified before. This accruing of 12 penalty points or more is known as ‘Totting Up’.

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YOUR QUESTIONS ANSWERED

Criminal Defence FAQs

What happens if I am detained or arrested?

If you are arrested or detained for a crime in Scotland, the police must inform you of your rights, such as the right to legal representation. You will be taken to a police station, where you may be detained for up to 12 hours without charge. After this time, you must either be charged or released, or the period extended. If charged, you may be held in custody for up to 24 hours before being brought before a court. The court will then decide whether to grant bail or remand you in custody until your trial.

If I am released on an undertaking, is that the same as bail?

Yes, in Scotland, being released on an undertaking is similar to being released on bail. Undertakings can be issued to individuals who have been arrested or charged, specifying a date and time to appear in court. A bail undertaking typically involves being charged with a crime and then released with a promise to attend a hearing. Both bail and undertakings come with certain conditions that must be met, such as attending all court dates and not committing any further offences. However, breaching bail or undertaking conditions can lead to prosecution and a prison sentence of up to twelve months.

Can I get legal advice while in police custody?

Yes, if you are in police custody in Scotland, you have the right to free legal advice from a solicitor. This advice is available over the phone or at the police station. You should be informed about this right before being questioned, and the police must wait for the solicitor to arrive before questioning begins. However, if you do not want a solicitor present during questioning, you can waive this right, although it is not recommended. If you are under 18 or a vulnerable adult, you must have a solicitor present during questioning.

What happens if my case goes to court?

If your case goes to court, the Procurator Fiscal will decide which court it will be heard in. The court will review the evidence and then make a decision based on the facts of the case and the relevant law. If you are found guilty, you may face penalties such as fines, community service, or imprisonment. If you are found not guilty, you will be acquitted of the charges, and your case will be closed. It is important to seek legal advice and representation if you are facing criminal charges in Scotland.