Motoring Law

A conviction for a motoring offence, however minor, can have far reaching consequences for the person. It can result in losing employment and causing financial hardship and hardship to other who depend on a driver. We can help in

• SPEEDING OFFENCES
• CARELESS AND DANGEROUS DRIVING
• SPEEDING OFFENCES
• DOCUMENT OFFENCES eg. TACHOGRAPH OFFENCES AND OPERATOR LICENSING
• DRINK DRIVING
• INSURANCE OFFENCES
• DISQUALIFIED DRIVING
• PENALTY POINTS AND DISQALIFICATION (TOTTING UP)
• HELP WITH AVOIDING DISQUALIFICATION
• FAILING TO STOP AFTER AN ACCIDENT OR REPORT IT
• DEFECTIVE VEHICLES

Special Reasons not to endorse the licence with

Penalty Points and Disqualification

Exceptional Hardship

If a driver reaches 12 penalty points in any 3 year period, the Court should in normal circumstances impose an immediate drivingban of 6 months or more. However before imposing the ban the Court should give the Defendant the opportunity to raise an exceptional hardship argument in order to persuade the Court that a ban should not be imposed.
The only circumstances that can prevent a driving ban at 12 points is a finding of exceptional hardship. It is clear that hardship must be beyond that which would normally be suffered by depriving the Defendant of his licence. It is for the Defendant to establish the severity and degree of hardship and it is for the Court to assess the severity of the implications and to decide whether that amounts to "hardship which is beyond that normally suffered".
It is accepted that when a Defendant loses his licence, hardship will be suffered. However, that would not be regarded as out of ordinary in any particular case and thus would be perfectly foreseeable as a reasonable consequence of the offence committed.

Dangerous Driving

Possibly the most serious of motoring offences with a substantial risk of imprisonment, if convicted. Our team has handled numerous Section 1/Section 2 charges, to include some of the most highly publicised.
, the best tactics to adopt for your defence, and additionally, alternative means of funding your representation to include legal aid or insurance company backing.
Under no circumstances do we recommend that cases of this importance are handled by anybody without specialist knowledge of motoring law.
From a legal prospective, the difference between dangerous and careless driving is not substantial, however, the implications are drastically different

Driving Without Insurance

Third party insurance is compulsory and a failure to have this basic cover is considered one of the most serious offences. A substantial fine and disqualification are amongst the recommended penalties. unusual risks. Given the severity of the offence and the implications of the punishment, seek our advice promptly.
Don't forget, that just one conviction will have very serious implications. Even if you are not disqualified, when you come to insure your vehicle, your premium will rise drastically because of any insurance related offence.
Many motorists also fail to appreciate that they can be convicted of an insurance offence, even if they are not driving. For example, one of the most common offences is permitting another person to use your own vehicle whilst uninsured.
The offence of using or allowing a vehicle to be used whilst uninsured is becoming much more common. This is not only because Police methods of detection have improved drastically, but additionally, because insurance companies, in a bid to maintain low premiums, are imposing much greater restrictions when considering the terms and conditions of policies, often removing benefits that were regarded as standard in previous years.

Failing to Identify Driver (Failing to Supply Information)

There are 2 common scenarios when a driver's identity must be supplied:

• Following an accident if injury is caused to another person or damage, however slight, to another party's property. In such circumstances, the driver must supply his name and address and the details of the owner of the vehicle, if different.
• Details of the driver of a vehicle must be supplied when requested by the Police pursuant to Section 172 of the Road Traffic Act 1988. The registered keeper of a vehicle will receive a Notice of Intended Prosecution when the driver was not formally warned of potential prosecution at the time of the allegation. Typically, this will be for any offence supported by photographic evidence, such as speed camera/traffic signal contraventions

Drink Driving Offences

Drink driving has become one of the most serious offence for all drivers and carries automatic disqualification. Repeat offenders risk imprisonment. Specialist advice is always recommended, particularly if there is a dispute on the level of alcohol consumed or the method in which the Police have obtained their evidence. Our team has amassed extensive knowledge of defending such cases and is able to give you frank and professional advice. We do not condone drink driving but we do appreciate that many motorists simply do not understand how the law works or is enforced. Whilst ignorance is no defence, it can make a difference.

Mobile Phone Offences

It is a specific offence to use a hand–held phone or similar device, when driving. Most offences will be dealt with by way of 3 penalty points and a £60 Fixed Penalty Notice but if the matter proceeds to a Court hearing, the fine can be as much as £1,000 or £2,500 if you were driving a bus, coach or any heavy goods vehicle.
In some circumstances, for example if use of a phone has caused or contributed to an accident, the Police may prosecute for driving without due care or dangerous driving in order to secure a more severe punishment.

Speeding Offences

The most common offence committed by the motorist is speeding. Speeding allegations can be resolved in the following ways:

• Attending a speed awareness course (at the discretion of the Police)
• Accepting a Fixed Penalty of 3 points and £60 fine;
• For more serious offences, or disputed cases, attending Court.

The penalty range is from 3–6 penalty points and the current maximum fines are up to £2,500 for motorway offences and up to £1,000 for offences on any other road.
In the most serious cases, where the motorist is either 50% or 30 mph+ above the limit, an instant disqualification can be imposed. With our specialist advice, we can assist you in minimising the punishment and in many cases, avoiding disqualification. Likewise, we can help you in limiting the amount of a fine, and can also guide you through the Court process. Speak to us to establish how we can prepare a defence and/or mitigation argument that gives you the best chance of keeping your licence.
It does make sense to obtain expert advice and representation, as this can make a huge difference to the punishment imposed.

Careless Driving / Driving Without Due Care and Attention

Drink Driving Offences

Drink driving has become one of the most serious offence for all drivers and carries automatic disqualification. Repeat offenders risk imprisonment. Specialist advice is always recommended, particularly if there is a dispute on the level of alcohol consumed or the method in which the Police have obtained their evidence. Our team has amassed extensive knowledge of defending such cases and is able to give you frank and professional advice. We do not condone drink driving but we do appreciate that many motorists simply do not understand how the law works or is enforced. Whilst ignorance is no defence, it can make a difference.

Commonly referred to as careless driving, driving without due care and attention is legally defined as:
"allowing your standard of driving to fall below that of a prudent motorist".
This offence is often used as a "catch all" by the prosecution and carries 3–9 penalty points or a discretionary disqualification. Many clients are no longer supported by their insurance companies who often view the defence of such Summonses as throwing good money after bad, without even referring to the policyholder