Emma Watson’s driving ban: how the totting-up system works

Last month, Emma Watson, known for her role as Hermione Granger in the Harry Potter series, was banned from driving for six months after accumulating 12 penalty points on her licence. The ban, issued by High Wycombe Magistrates’ Court, followed a series of speeding offences. Watson already had nine points on her licence and so a further three points for driving at 38mph in a 30mph area led to disqualification and a £1,044 fine.

While celebrity driving bans often make headlines, Watson’s case is a clear example of how the totting-up system works and why all motorists should be aware of the consequences.

Understanding the totting-up system

Drivers who accumulate 12 or more penalty points on their licence within a three-year period face an automatic disqualification, typically lasting six months. This is known as a totting-up ban. The system is designed to penalise repeat offenders and encourage safer driving habits.

Each motoring offence carries a certain number of penalty points, ranging from three to 11. Once a driver reaches 12 points, the court has little discretion but to issue a disqualification. The court takes into account the points on an individual’s licence at the time of the offence. It is a common misconception that one will not be at risk of totting by the time their case reaches court as often points have fallen off by this time, but this is not accurate. Even if points have fallen away, it is the position at the time of the offence which is considered.

Exceptional hardship

In some cases, drivers can argue “exceptional hardship” to avoid a ban, but this is a high threshold to achieve. This hardship must go beyond inconvenience, or the normal consequences expected of a driving ban. The purpose of the ban is to penalise the driver and therefore negative consequences are anticipated.

The court may consider whether the disqualification would:

• cause financial turmoil
• impact dependents
• disproportionately affect others
• prevent access to essential medical services.

To pass the exceptional hardship test, the driver must provide strong and clear evidence to show that a driving ban would not be the appropriate consequence. The burden of proof lies with the defendant and the court is under no obligation to accept the argument even if exceptional hardship is proven, meaning that a disqualification period may still be imposed, albeit the court may exercise their discretion to reduce the ban from the typical six-month period.

Key takeaways

Watson’s ban is a good reminder that:

• minor offences can add up quickly
• the totting-up system is rarely forgiving once the 12-point limit is reached
• courts take a firm stance on repeat offences, even if each one seems minor in isolation
• consistent compliance with traffic laws is crucial to avoid disqualification.

The Birketts view

Our Regulatory and Corporate Defence Team has extensive experience assisting individuals facing prosecution for driving offences and providing advice on the totting up and exceptional hardship rules.

If you require legal advice, our expert team is ready to assist and provide comprehensive representation throughout any legal proceedings.