Driving Offence Solicitors2024-02-26T09:57:18+00:00

Driving Offence Solicitors

Driving Offence Solicitors

Everyone who drives is at risk of committing a motoring offence. At Walsh Solicitors we represent a diverse range of clients who have allegedly committed offences.

Driving or Road Traffic Offences

Our specialist team of driving offence lawyers have defended individuals against prosecution for alleged road traffic charges, driving licence endorsements and fines for many years.

Whether the offence is minor or major, you should ensure that you have a legal expert at your side who will understand your rights and make a qualified appeal.

If you have a defence, we will inform you and advise that the plea to enter is that of not guilty. Should you do so we will then work and prepare your case for trial and provide you with the best chance of being found not guilty. This includes meeting with your lawyer and attending court with you to argue your case.

To see our pricing please visit our pricing policy page here.

How we can help

Our experienced solicitors are on hand to support you.

Speeding
Driving Without Insurance
Drink and Drug Driving
Careless Driving
Using a Mobile Phone
Failing to Stop

Speeding

Our motoring team deal with clients every day who are charged with speeding offences. All work is carried out under an agreed fixed fee, so you know how much you are paying.

If you are caught speeding you may be asked to attend a speed-awareness course instead of being prosecuted. But this should not be expected.

The registered owner of the car will be sent a Notice of Intended Prosecution (NIP) detailing the offence and a document called a Section 172 notice. This needs to be returned declaring who was driving the car at the time of the offence. Failure to respond to a Section 172 notice is an offence in itself.

Once the NIP is returned, a Fixed Penalty Notice (FPN) may be issued to the driver. This is a conditional offer of a fine and penalty points.

Your choices:

  1. If you are guilty, pay the fine and accept the points
  2. If you want to plead not guilty, you will have to go to court to contest the charge. If you are later found guilty in court you may have to pay a higher fine and receive more points or lose your licence

In other circumstances, you may accept that you have committed the offence and need a solicitor to  ‘Mitigate’ on your behalf. This is so that you receive the lowest sentence possible. Our solicitors have many years of experience in convincing the Court to take into consideration personal mitigation, which can result in avoiding a driving ban.

If you already have 6 to 9 penalty points endorsed upon your driving licence and you are facing additional points for a further driving offence, our lawyers can be instructed to make a Special Reasons Argument or an Exceptional Hardship Argument in an attempt to avoid a driving ban.

Driving Without Insurance

The police could give you a fixed penalty of £300 and 6 penalty points if you’re caught driving a vehicle you’re not insured to drive.

If the case goes to court you could get:

  • an unlimited fine
  • disqualified from driving

The police also have the power to seize, and in some cases, destroy the vehicle that’s being driven uninsured.

Defences

If you are driving a company car without insurance and are unaware that there was no insurance you may have a defence. However, if you are cleared your employer could still be prosecuted for allowing you to drive the vehicle whilst uninsured.

Special Reasons

This is not a defence but is important. This is something that needs to be explained to the Court so that they can take it into account. If the Court find it is a special reason then they may not impose a penalty on your licence.

Examples include:

  • My insurance was cancelled without me knowing
  • You believed that the vehicle you were driving was insured

Drink and Drug Driving

In the majority of cases, drink driving is committed by people who feel ok to drive. It may be the case that drinks were consumed the previous day and the driver mistakenly believed that they would now be under the limit.

If you are found guilty, or you plead guilty the starting point for sentence is a minimum 12 month disqualification.

Drug driving is one of the most frequently prosecuted offences. It is a criminal offence to drive, attempt to drive or be in charge of a motor vehicle in a public place when a person has a specified controlled drug in their body which exceeds the allowable legal limit.

Sentences for drug driving offences include a 12 months disqualification, unlimited fine, up to 6 months imprisonment and a criminal record.

There are also far-reaching consequences that many do not consider. You may suffer restrictions on future employment and travel to certain countries. And the cost of motor insurance in the years following conviction is likely to increase.

Careless Driving

Driving without due care and attention is also known as careless driving, this is when a driver is observed driving in a careless manner, examples include failing to give way, undertaking, and tailgating.

If convicted you will likely receive a fixed penalty notice, or, in more serious cases, a court summons.

In a court appearance, drivers can be fined up to £5,000 and receive up to 9 points on their licence.

Our driving offence solicitors can advise you on the best way to dispute an incident in court.

Using a Mobile Phone Whilst Driving

If convicted of driving whilst using a mobile device you may be given a fixed penalty of up to £1,000 (or £2,500 if you are driving a lorry or a bus) and receive six penalty points on your driving licence. If your case is taken to court you could face disqualification and a fine.

A mobile device is defined as a sat nav, tablet, phone, or any device that can send and receive data while driving or riding a motorcycle.

The law still applies to you if you are:

  • stopped at traffic lights
  • queuing in traffic
  • supervising a learner driver
  • driving a car that turns off the engine when you stop moving
  • holding and using a device that’s offline or in flight mode

Our driving offence lawyers will advise you on the prosecution case and explore all possible avenues if you wish to raise a defence. Advice and representation for your initial plea hearing are available for a fixed fee and where required we will help you build your defence case and run your trial for an additional fixed price.

Failing to Stop

All drivers are obligated to stop at the scene of an accident where there is personal injury or damage caused to another car or someone else’s property, in addition, it must also be reported to the police within 24 hours.

If convicted of Failing to Stop or Failing to Report, you can expect to receive up to 10 points on your licence and a fine of up to £5,000. These offences can also attract a custodial sentence of up to six months.

Fees for Motoring Offences

We believe that you need to have certainty with how much legal services costs. One way in which we do this is by offering an agreed fee. An agreed fee is fixed in all eventuality for the services that we have agreed to provide. This means that you know exactly what you are getting and how much it will cost. We will always honour this.

Not Guilty Pleas

If you contest any case to trial then non contested summary only motoring offences will range between £3,000 – £10,000 depending on the complexity of the case and on what package you choose. We will discuss your case with you and give you a clear indication of the fees once we have all the facts.

With these costs you have the assurance of a solicitor dealing with your case who will be your point of contact. These costs also include a barrister but the level of barrister does vary the cost.

Disbursements are charged at extra costs. These can include experts such as when you had your last drink or what drugs are in your system. Full prices will be given before we instruct so you know the costs. When we have the full facts in your case we can give you an estimate of these costs.

The above figures quoted do not include VAT.

Defendants’ Costs Orders

If you are acquitted or the case against you is discontinued, then you can receive a defendant’s costs order. A Defence Cost Order can be a proportion of the legal costs that you have paid being reimbursed to you after the conclusion of your case.

Guilty Pleas

The prices for preparation and representation at court for summary-only offences are for those cases heard in the Magistrates Court and concluded at one hearing.

We will always mitigate in order to give you the best opportunity. You will always have a Solicitor or Barrister with you at the Court. The cost for this varies but is usually between £1,000 to £2,000.

The above costs do not include VAT.

FAQs

Please see below for our most frequently asked question. If you have any more questions, please feel free to contact us.

Will I lose my license if I have been prosecuted for drink driving?2023-04-28T14:56:35+00:00

If you have “special reasons” it can be possible to avoid a disqualification which will provide a partial excuse for committing the offence. Examples can include having your drink “spiked”, the shortness of distance driven, or driving in a genuine emergency (such as medical) when no other option was available. Such reasons will be specific to each individual case.

Can I keep my licence if I have 12 or more penalty points?2023-04-28T14:55:12+00:00

It depends on when the points were accrued and, if within a 3 year period, whether or not you succeed with an Exceptional Hardship Argument

Will I be prosecuted if I’m caught speeding?2023-04-28T15:01:47+00:00

Few motorists avoid being prosecuted at some point for speeding offences. Speeding is a strict liability offence which means that the police do not have to prove that you were even aware that you were exceeding the speed limit.

What penalties can I receive for Careless Driving?2023-04-28T14:58:55+00:00

If an incidence of careless driving results in a Court appearance then a driver could have up to 9 points added to their licence alongside a fine of up to £5,000. If a driver already has points on their licence then this could mean disqualification if the new total number of points exceeds 12. The Court can exercise its discretion to disqualify a driver, irrespective of whether there is a penalty point disqualification.

Contact Our Driving Offence Team

If you have a question about driving offences or would like to speak to a solicitor, please complete the form below or call us on 0161 672 2267

What people say about us

My son found himself in a unfortunate situation and needed representation this was the first time with this company and I can highly recommend them they went above and beyond with both me and my son and couldn’t of asked for more . Ashleigh in particular kept me informed and reassured every step of the way and very supportive and professional. If I could give 10 stars I would without a doubt .

Helen

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