A motoring offence can result in penalty points, a fine, a driving ban or, in the most serious cases, a prison sentence, and the effect on a person’s work and daily life can be considerable.
Anyone who has received a notice of intended prosecution, a summons, or a court date should speak to a motoring offence solicitor before deciding how to respond, because the choices made at that stage frequently determine whether a licence is kept or lost.
Johnson Astills has a specialist motoring team working from our offices in Leicester and Loughborough, and we represent drivers at the police station, in the magistrates’ court and, where a case is sent there, in the Crown Court.
Please call us free now on 0800 059 0600 or complete a Free Online Enquiry and a member of the team will get back to you soon.
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What Are Some Examples Of Motoring Offences?
Motoring offences range from minor matters which are dealt with by way of a fixed penalty to serious charges which are heard in the Crown Court. The following are among the most common types of motoring offences, with totting up bans covered separately below.
- Speeding is the most common motoring allegation dealt with by the courts. A driver caught marginally over the limit will usually be offered a fixed penalty of £100 and three penalty points, or in some cases a speed awareness course instead of the points. Cases involving higher speeds are referred to court, where the penalty rises to between three and six points or a driving ban, together with a fine based on the driver’s income.
- Careless driving, also known as driving without due care and attention, covers driving which falls below the standard of a competent and careful driver, and it carries between three and nine penalty points, a fine, and the possibility of a driving ban.
- Using a hand-held mobile phone at the wheel carries a fixed penalty of £200 and six points, which for a driver within two years of passing their test is enough on its own for the DVLA to revoke their licence.
- Driving without insurance carries a fixed penalty of £300 and six points, or a higher number of points and a possible ban where the case goes to court.
- Drink driving covers driving or attempting to drive with more than 35 microgrammes of alcohol per 100 millilitres of breath, or 80 milligrammes per 100 millilitres of blood. The offence carries a mandatory driving ban of at least twelve months, an unlimited fine, and up to six months’ imprisonment, with the minimum ban rising to three years for a driver with a previous drink driving conviction in the last ten years. The court will often offer a drink drive rehabilitation course, and completing it reduces the length of the ban.
- Drug driving covers driving with more than the permitted level of certain drugs in the blood, and carries the same minimum ban and the same maximum prison sentence as drink driving.
- Failing to provide a specimen of breath, blood, or urine without a reasonable excuse when the police lawfully require one is an offence in its own right, which also results in a driving ban.
Totting Up And Exceptional Hardship
A driver who accumulates twelve or more penalty points within three years faces a totting up ban of at least six months, and longer where they have already been banned in the recent past. The court can only avoid or shorten a totting up ban where it is satisfied that a ban would cause exceptional hardship. The law makes clear that ordinary hardship is not enough, that the court cannot take into account any argument that the offence itself was minor, and that the same circumstances cannot be used again to avoid a ban within the following three years.
Exceptional hardship applications require specialist expertise and thorough preparation. The threshold is a high one, and courts are directed to be cautious before accepting claims of hardship without evidence that alternatives, such as other means of transport, are not available. An application should be supported by documentary evidence and will usually involve the driver giving evidence on oath. It ordinarily deals with the effect on the driver and with the effect on employees, family members, and others who rely on them. Where an application succeeds, the court may decide not to disqualify or may impose a shorter ban, although the points remain on the licence.
How Can Johnson Astills Help?
Many motoring cases can be resolved without a court hearing, but deciding whether to accept a fixed penalty, plead guilty by post, or contest the allegation should never be taken without advice, particularly where existing points mean that a new offence will trigger a ban.
Our motoring offence solicitors advise on the strength of the prosecution evidence, the defences available, the likely sentence, and the prospects of a special reasons or exceptional hardship argument, and we represent clients at court across Leicestershire and beyond.
We offer fixed fees for most road traffic matters, and legal aid may be available for the more serious offences depending on the client’s means and the circumstances of the case. Our team provides a 24-hour service for police station interviews, and our solicitors include accredited police station representatives and higher court advocates.
Please call us free now on 0800 059 0600 or complete a Free Online Enquiry and a member of the team will get back to you soon.
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