MOTORING OFFENCES


Micaila Williams - Law For LifeHi, I am Micaila Williams. If you have committed or been accused of any motoring matter we at Law for Life can help you every step of the way. We provide straight talking, affordable and practical advice from specialist Solicitors and Barristers as well as full representation at the Magistrates’ or Crown Court.

We can also provide you with any forms/documents you need to complete the case together with DIY guides if you choose to represent yourself.

Feel free to contact us now for a FREE no obligation chat on 0800 3 10 11 12

HOW CAN WE HELP? YOUR QUESTIONS ANSWERED


AM I ELIGIBLE FOR LEGAL AID? - Although many criminal matters are covered by Legal Aid (which means you either do not need to pay for any of your legal costs, or you only need to pay a contribution to your legal costs) there are many offences that do not meet the “interest of justice test” and there will be many of you that do not meet the “means test” as you earn a reasonable wage.

We understand that paying privately can sometimes be expensive which can add to the stresses and strains in your life. We therefore have produced some straight talking legal guides which you may find of assistance if you choose to represent yourself.

I WANT TO APPEAL AGAINST A CONVICTION - If you were unfairly or wrongly convicted or if you have been convicted in your absence and you are Not Guilty then you should consider an appeal against the conviction to the Crown Court.

I WANT TO APPEAL AGAINST A SENTENCE - If you were unfairly or harshly sentenced or if you were sentenced in your absence and you feel hard done by, you should consider appealing the sentence  to the Crown Court.

I WANT TO GET MY COSTS BACK - If successful in defending a case against you, you should consider applying for your reasonably incurred legal costs to be refunded.

MISCELLANEOUS DRIVING OFFENCES


I HAVE BEEN CAUGHT SPEEDING

I HAVE BEEN CAUGHT USING A MOBILE PHONE WHILST DRIVING

I HAVE BEEN CAUGHT DRIVING WHILST DISQUALIFIED

I HAVE BEEN CAUGHT DRIVING THROUGH A RED/AMBER TRAFFIC LIGHT

ALCOHOL AND DRUG RELATED OFFENCES


I HAVE BEEN CAUGHT DRINK DRIVING - If convicted (either by a plea or after trial) of either of these offences you face a mandatory disqualification (ban) of at least 12 months.  We understand how important your license is and therefore we can help you ensure that you have explored all realistic lines of defence before you enter your plea.

I HAVE BEEN CHARGED WITH FAILING TO PROVIDE A SPECIMEN FOR ANALYSIS – If convicted (either by a plea or after trial) of either of these offences you face a mandatory disqualification (ban) of at least 12 months.  We understand how important your license is and therefore we can help you ensure that you have explored all realistic lines of defence before you enter your plea.

I HAVE BEEN CHARGED WITH BEING IN CHARGE OF A MOTOR VEHICLE WHILST DRUNK

I HAVE BEEN CHARGED WITH DRIVING WHILST UNFIT Our legal guide helps you understand the view the Magistrates will take of this offence and what to say to defend yourself and achieve the best possible result.

I HAVE BEEN ASKED TO PROVIDE DRIVER DETAILS IN RELATION TO AN ALLEGED MOTORING OFFENCE A Notice of Intended Prosecution (NIP) together with a  s.172 REQUEST FOR DRIVER DETAILS must be sent to the Registered Keeper within 14 days from the date of the offence. The purpose of this document is to inform you that you may be prosecuted for an offence.

I HAVE RECEIVED A NOTICE OF INTENDED PROSECUTION (NIP) A Notice of Intended Prosecution (NIP) must be sent to the Registered Keeper within 14 days from the date of the offence. The purpose of this document is to inform you that you may be prosecuted for an offence.

You can be issued with a NIP for most basic motoring offences including speeding and careless driving. They are usually sent together with the s.172.

I HAVE BEEN CHARGED WITH FAILING TO PROVIDE DRIVER DETAILS This offence carries 6 penalty points so it is important to know your obligations and any potential defences or how to mitigate fully to get the best possible sentence.

I HAVE BEEN CAUGHT WITH NO INSURANCE This is a strict liability offence but our guide will explain to you how to use a special reasons argument to try to avoid endorsement.

ACCIDENT OFFENCES


I HAVE BEEN CHARGED WITH AN OFFENCE RELATING TO A ROAD TRAFFIC ACCIDENT If you have had an accident and been charged with any offence such as careless driving or failing to report or failing to stop for an accident, our guide will take you through all you need to know to represent yourself throughout proceedings.

I HAVE BEEN SUMMONSED FOR CARELESS DRIVING All you need to know about sentencing, the trial process and potential defences.

I HAVE BEEN SUMMONSED FOR FAILING TO STOP OR FAILING TO REPORT AN ACCIDENT All you need to know about sentencing, the trial process and potential defences.

AVOIDING DISQUALIFICATION AND ENDORSEMENT


I AM PLEADING GUILTY TO AN OFFENCE BUT WANT TO KNOW HOW TO AVOID PENALTY POINTS OR A DISQUALIFICATION This is an important legal argument that gives the Magistrates the power NOT to endorse your license with any penalty points or NOT to disqualify when they would ordinarily be required to do so.   It is an important area for you to explore given the potential consequences of points or disqualification on your license.

OR

EXCEPTIONAL HARDSHIP If by admitting or being convicted of a new offence you are going to have 12 or more active points on your license then you are facing a mandatory 6 month disqualification (ban) from driving under the totting system.  We can help you avoid this ban by running an EXCEPTIONAL HARDSHIP argument.

I WANT TO KNOW HOW TO AVOID A DISQUALIFICATION (SPECIAL REASONS) This is an important legal argument that gives the Magistrates the power NOT to endorse your license with any penalty points or NOT to disqualify when they would ordinarily be required to do so.   It is an important area for you to explore given the potential consequences of points or disqualification on your license.

I WANT TO RUN A SPECIAL REASONS ARGUMENT This is an important legal argument that gives the Magistrates the power NOT to endorse your license with any penalty points or NOT to disqualify when they would ordinarily be required to do so.   It is an important area for you to explore given the potential consequences of points or disqualification on your license.

I WANT TO KNOW HOW TO AVOID DISQUALIFICATION AS A TOTTER (EXCEPTIONAL HARDSHIP) If by admitting or being convicted of a new offence you are going to have 12 or more active points on your license then you are facing a mandatory 6 month disqualification (ban) from driving under the totting system.  We can help you avoid this ban by running an EXCEPTIONAL HARDSHIP argument.

I WANT TO RUN AN EXCEPTIONAL HARDSHIP ARGUMENT If by admitting or being convicted of a new offence you are going to have 12 or more active points on your license then you are facing a mandatory 6 month disqualification (ban) from driving under the totting system.  We can help you avoid this ban by running an EXCEPTIONAL HARDSHIP argument.

PENALTY POINTS AND DISQUALIFICATIONS


I AM GOING TO HAVE 12 OR MORE POINTS ON MY LICENSE Totting up is the term used when you end up with 12 points or more on your license within a 3 year period. If this happens you will be facing a mandatory disqualification of 6 months UNLESS you can successfully argue EXCEPTIONAL HARDSHIP.

In essence this gives the Magistrates the power to allow you to keep your license (with the 12 points or more still on the license) having found that you would suffer EXCEPTIONAL HARDSHIP if you are banned under these rules.

I AM A TOTTER Totting up is the term used when you end up with 12 points or more on your license within a 3 year period. If this happens you will be facing a mandatory disqualification of 6 months UNLESS you can successfully argue EXCEPTIONAL HARDSHIP.

In essence this gives the Magistrates the power to allow you to keep your license (with the 12 points or more still on the license) having found that you would suffer EXCEPTIONAL HARDSHIP if you are banned under these rules.

I WANT TO KNOW ABOUT THE PENALTY POINT SYSTEM If you have held a full driving license for over 2 years you can hold up to 11 points on your license before worrying about the possibility of a disqualification under the totting up procedure. If you are unfortunate enough to be disqualified under the TOTTING UP provisions and disqualified for 6 months, your license will be returned clean (no points) although the endorsement will of course still appear.

If you have been charged with an endorseable offence you will receive a minimum of 3 penalty points.

Although your points are only valid on your license for a period of 3 years, the points must remain physically on your license for 4 years. At the end of the 4 year term you can send your license back to the DVLA for the endorsements to be removed from your counterpart license.

I HAVE BEEN DISQUALIFIED FROM DRIVING – WHAT DOES THIS MEAN? All you need to know about your disqualification, how to apply for your license back early and how to ensure you are legally able to drive on the day your disqualification ends.

DRIVING LICENSE INFORMATION


I WANT TO KNOW HOW TO GET MY LICENSE BACK If you have been disqualified for any period and for any reason, you will be eager to know what to do to get your license back so you can start driving as soon as possible.

I WANT TO KNOW HOW TO GET MY LICENSE BACK EARLY If you have been disqualified for over 2 years then you can apply to the court for them to consider your situation and allow you to have your license back earlier than planned.

TYPES OF DRIVERS


I AM A NEW DRIVER AND I AM GOING TO HAVE 6 OR MORE POINTS ON MY LICENSE

Under the Road Traffic (New Drivers) Act 1995 there is a 2 year probationary period for new drivers. This means if you accrue more than 6 penalty points on your license within the first 2 years your license will be revoked by the DVLA and your license will revert back to a Probationary license. You will therefore be required to resit your driving test. This includes theory and hazard perception tests.

I AM A FOREIGN DRIVER

All you need to know about the limitations on your license when driving in the UK.