Motoring Offences

We represent clients in all manner of summary only motoring offences e.g:

• Driving without insurance/whilst disqualified
• Driving over the speed limit
• Failure to stop/exchange details after an accident
• Driving over the prescribed limit of alcohol or drugs
• Using a hand held device while driving
• Driving without due care and attention. 

Our Criminal Defence team are highly experienced in motoring law and representation in the Magistrates’ and Crown Court. Our aim is that you will have confidence that you are our priority, with a member of the team being available to speak with you when you need some clarity and certainty at any stage leading up to, during and after your hearing.

 

Offence	Penalty	Points
Failing to provide breath specimen	6 months imprisonment, disqualification from driving however discretionary disqualification if no evidence of driving motor vehicle, a fine of £2,500 or 3 months imprisonment	10 if not driving vehicle
Drunk in charge	Mandatory 10 penalty points or discretionary disqualification	10
Drink driving	6 months imprisonment, unlimited fine, obligatory disqualification, if second offence within 10 years then minimum disqualification from driving, drink drive rehabilitation course can reduce any disqualification imposed by the court by 25%	3-11
Drug driving	6 months imprisonment, unlimited fine., obligatory disqualification	3-11
Fail to stop and fail to report	6 months imprisonment, unlimited fine, discretionary disqualification	5-10
No licence	£1,000 fine and discretionary disqualification	3-6
No insurance	Unlimited fine and discretionary disqualification	6
Failing to provide driver details/furnish information	6 penalty points, fine up to £1,000	6
Speeding offences	£1,000 – £2500 fine and discretionary disqualification	3-6
Using a mobile phone	£1,000 fine-£2500 fine and discretionary disqualification	6
Careless driving	Unlimited fine and discretionary disqualification	3-9
Driving without due care and attention	Discretionary disqualification 6 months	3-9
Dangerous driving	Up to 2 years imprisonment, lengthy disqualification (Minimum period 12 months) and requirement to do extended retest at end of disqualification period	No points, just a ban
Defective vehicles	£2,500-unlimited fine, discretionary disqualification or obligatory disqualification depending on previous convictions	3

 

Possible defences – Failing to provide a specimen of breath/blood

In some cases there can be medical reasons that amount in law to a reasonable excuse for not providing a specimen, such as:

 

• Phobia of needles
• Suffering from asthma or respiratory conditions
• Mental health conditions
• Prostate problems or urinary tract infection

 

Where the police have followed incorrect procedures we have persuaded the court to dismiss the case.

 

We have successfully ran the above defences leading to acquittals.

 

Possible defences – Drunk in charge

 

Our representation has successfully lead to acquittals where our preparation and advancement of case law has found the case not proved.

 

Possible defences – Drink Driving

 

Procedural/technical errors, if it can be proven that the police did not undertake the alcohol measurement process correct or the intoxyliser machine has not been recently calibrated.

 

‘The hip flask argument’, we instruct experts that can show that the alcohol in a persons breath/blood was consumed after driving.

 

The driving was on private land restricting members of the public and therefore a person has not committed the offence.

 

Legal arguments to avoid disqualification from driving

 

Even where a person has not got a defence to run at court, case law has established what is known as ‘special reasons arguments’, this includes an extenuating circumstance which does not in law amount to a defence to the charge but is something that is a mitigating factor and directly linked to the offence. If successful with these arguments it then allows the court a discretion as to whether or not they will impose a disqualification rather than a mandatory disqualification from driving.

 

Arguments that we have successfully put before the court are:

• Shortness of distance travelled
• Medical emergency
• Spiked drinks
• Automatism

 

Possible defences – Drug driving

 

Case law supports the arguments that a case can be dismissed if the police did not follow the correct procedures, for instance taking and storing the blood correctly.

 

• The drug was prescribed legally and taken in accordance with medical evidence provided.
• The drug was taken after driving.
• You were forced to commit the offence under duress.

 

 

Possible defences – Fail to stop and fail to report

 

The prosecution must prove beyond reasonable doubt that injury or damage was caused. If there was no damage or injury caused, then there was no duty for the driver to stop or report. Therefore, you cannot be found guilty of the offence. The most common defence being:-

• The driver was unaware that an accident had occurred.
• You had a good reason for failing to stop, such as a medical emergency.
• The police did not deploy all possible methods to get your attention, therefore you were unaware that you had to stop.

 

Possible defences – No licence

 

• Driving on private property, no access to the public.
• Did have a licence and you were driving in accordance with a licence.
• Police did not have reasonable suspicion and grounds to stop the vehicle to make a request for a driving licence.

 

Possible defences – No insurance

 

Statutory defence, S143 Road Traffic Act 1988 provides a statutory defence and states that a person shall not be convicted if he proves: (A) That the vehicle did not belong to him and was not in his possession under a loan agreement or contract hire; (B) That he was using the vehicle in the course of his employment.

Special reasons arguments can be put forward as to why penalty points should not be put on a licence when a person is driving with no insurance, these reasons are:-

• Misled by another to believe they were insured to drive the vehicle
• Misled by the insurance company to believe insurance was in place.
• Medical emergency

 

Possible defences – Failing to provide driver details/furnish information

 

If you are unable to establish who was driving the vehicle at the time of the offence. You have a defence if you can demonstrate to the court that you have exercised ‘reasonable diligence’. It would be for the court to decide whether your acts resort to ‘reasonable diligence.’

 

You also have a defence and cannot be prosecuted if the notice of intended prosecution is not sent to you in the time for which you should receive the notice.

 

Possible defences – Speeding

 

• Duress
• Speed gun/camera is not calibrated
• You were not the person driving the vehicle

 

Legal arguments to avoid disqualification from driving

 

Once a person reaches 12 penalty points on their licence, they are disqualified under what is known as ‘the totting up system’ for a period of 6 months unless the courts believes to do so would cause exceptional hardship, these include but not limited to:

 

• Loss of licence that leads to loss of employment
• Loss of licence that leads to a dependent relative not being able to attend hospital appointments as a result of a person losing their licence

               If the magistrates find exceptional hardship then either a person will receive no ban at all or        the ban can be reduced down from 6 months.

Exceptional hardship arguments can be put forward on different occasions, however you cannot rely on the same information within a 3 year period.

Discretionary disqualification

The court may be persuaded to impose a short disqualification for the offence itself rather     than penalty points, therefore avoiding being a totter.

Possible defences – Using a mobile phone

 

• Not driving at the time and the engine was turned off.
• Driving on private land
• Using a mobile phone for a genuine medical emergency

 

Possible defences – Careless Driving

 

• You were not the driver
• Standard of driving was not careless
• Arguing automatism or mechanical defect as such the driving was not careless.
• Necessity, had to drive the vehicle

 

Possible defences – Driving without due care and attention

 

• You were not the driver
• Standard of driving was not careless
• Arguing automatism or mechanical defect as such the driving was not careless.
• Necessity, had to drive the vehicle

 

Possible defences – Dangerous driving

 

• Driving was not dangerous
• You were not the driver of the vehicle

 

Possible defences – Defective vehicles

 

• Defect was corrected in the time period allowed to rectify
• Expert evidence shows there to be no defect under the terms of the legislation

 

Fees

Please see the Our prices page for details of our fees.

Timescales

The majority of summary motoring offences (especially where a guilty plea is entered) are dealt with at the first hearing, which is usually within one month of the date of receipt of the postal requisition or the date of charge.  However, this can be adjourned usually for no more than a month to six weeks if a special reasons or exceptional hardship argument is to be heard, which may require a separate listing.

Where a not guilty plea is entered the case will be adjourned for a trial to take place which is usually within three months. You should be aware that a summary only motoring matter is considered of low priority by the court when compared to other cases, and is therefore more likely to be adjourned if it is listed on a trial day with other higher priority trials, sometimes a custody trial is brough forward which takes priority as the person in custody does not have their liberty. This is beyond the control of solicitors as these are decisions made by the court.

Key Stages

Based on the presumption that you have a date for your hearing the key stages of your matter are as follows:

• Meet with your solicitor to provide instructions on what happened.
• We will consider initial disclosure, and any other evidence and provide advice.
• Arranging to take any witness statements if necessary.
• We will explain the court procedure to you so you know what to expect on the day of your hearing, and the sentencing options available to the court.
• We will conduct any further preparatory work, obtain further instructions from you if necessary and answer any follow up queries you have.
• We cannot provide a timescale of when your hearing will take place, as this depends on the court listing for that day.
• We will attend court on the day and meet with you before going before the court.
• We will discuss the outcome of the hearing with you. A brief initial opinion on an appeal will be part of the fixed fee but drafting of an appeal notice or full written advice will carry an additional cost.