Motoring offences – How can a solicitor help you?

The most common driving offences and their maximum penalties are:

You can be disqualified from driving if you build up 12 or more penalty points within a period of 3 years. Every day, 33 new drivers lose their licence in the UK. This is due to drivers accruing 6 penalty points within the first two years of gaining their licence.

The majority of motoring offences can be avoided by using common sense. Things can change so quickly on the road, therefore, it is important to abide by all laws and guidelines, as this gives a driver the best possible chance of completing a safe journey. A good way to do ensure that all laws are being followed is to obtain an up-to-date copy of the highway code.

How can a solicitor help me?

A solicitor can help you if you feel like the penalties are unfair to your circumstances. For instance;

Thomas* was facing speeding charges, for which he was not issued a fixed penalty notice but a court date. However, at the time of the offence, his friend in the car was suffering a hypoglycaemic attack. Thomas had exceeded the speed limit to enable him to get home and obtain the necessary insulin that his friend needed. His solicitor understood that the judicial system accepts ‘Special Reasons’ pleas if there is enough evidence to prove extenuating circumstances. Therefore, a ‘special reasons’ plea was put forward and was accepted by the Court. Furthermore, no penalty points were imposed for the offence.

Sophia* had been accused of failing to insure a vehicle as a registered keeper. However, Sophia had sold the vehicle some months prior and sent the necessary form to the DVLA to inform them of this, unfortunately, this was never received. Her solicitor had viewed the necessary proof that she no longer had her vehicle and, using the V5C (car owners’ logbook), could easily see that the car was sold to someone else. Written representations were made to the Court showing that the vehicle was no longer in her possession, the case was then discontinued against Sophia without having to attend Court.

Diedre* was facing charges of Failing to Disclose the Driver’s Details and Speeding. Diedre could have easily accepted the points and carried on driving as if nothing had happened, but she was not at all guilty of Failing to Disclose the Driver’s Details. The charge had originated from a Speeding Offence, a charge which she would have been more than happy to accept as she knew she was guilty of the offence. However, she was never notified of any possible prosecution being brought against her until it was too late. Diedre had not received the Notice of Intended Prosecution within 14 days (as per the guidelines) because she had not responded to this letter within 28 days, she was then charged with Failing to Notify Driver Details. Diedre became aware of the offences when she received a Single Justice Procedure Notice months after the offence, stating that she had been charged with Speeding and Failing to Notify Driver Details. The most likely scenario was that the Notices of Intended Prosecution had been lost in the post if she had not received them.

Written representations were then made to the court to explain the circumstances of the offence and entered her Guilty plea to the charge of Speeding, and Not Guilty plea to Failing to Notify Driver Details. The charge of Failing to Notify Driver Details had been withdrawn, and for the Speeding charge, Diedre had been given 3 points on her licence and was fined a total of £100 – the same result as a Fixed Penalty!

If you need help with a motoring offence case, our solicitors are ready to help you. We have over 30 years of experience helping drivers mitigate criminal offences committed on the road. For more information visit Motoring Offences or call 023 8023 4433.

*Names changed for privacy

Disclaimer: Information on this webpage is not intended for legal purposes or advice. If you require legal advice or services you should seek a professional legal practitioner.