The loss of your driving licence can understandably have catastrophic effects on your business, your livelihood and/or your personal life. If you have been arrested, charged, received a summons or Notice of Intended Prosecution for any road traffic or motoring offence; seeking advice and representation from experienced motoring solicitors can often make the difference between keeping your licence and losing it.

At Reeds, our motoring solicitors are specialists in dealing with a full range of motoring offences including: –

  • Driving with excess alcohol or “drink driving”
  • Driving with drugs or “drug driving”
  • Driving whilst disqualified
  • Dangerous driving
  • Careless driving
  • Driving with no insurance
  • Speeding, and speeding tickets
  • Failing to provide a specimen
  • Failing to stop / failing to report

We offer a professional approach to cases and a keen eye for detail, as we know from our years of experience, that many road traffic cases can be won or lost on detail.  We will advise you as to any legal or technical defences or arguments that may be open to you, including special reasons and exceptional hardship, using our network of renowned experts where necessary.  In Court, our respected team of solicitors will present your case persuasively, to help you achieve the best possible outcome and to retain your ability to drive wherever possible.

Reeds Solicitors is an award winning and leading top-tier criminal defence firm. For legal advice and representation, please contact us through our contact page here. Alternatively, you can phone 0333 240 7373, or email us at info@reeds.co.uk.

Below you will find a brief summary of the motoring offences on which we can advise and represent clients:

 

Driving with excess alcohol or “drink driving”

Drink driving is a serious offence that can negatively impact the rest of your life. If you are caught driving while above the legal limit, you will lose your licence for at least 12 months and may receive an unlimited fine and/or six months imprisonment. If you drink drive and kill another person, depending on the circumstances, you could be jailed for up to 14 years.

In England, Wales, and Northern Ireland, the drink driving alcohol limit is:

  • 80 milligrammes of alcohol per 100 millilitres of blood
  • 35 micrograms per 100 millilitres of breath
  • 107 milligrammes per 100 millilitres of urine

If you have been arrested for drink driving, you must contact our Motoring Solicitors immediately so we can analyse the circumstances of your case and advise you on any appropriate defences.

 

Driving with drugs or “drug driving”

It is an offence to drive if you have taken legal or illegal drugs that affect your ability to operate a vehicle or you have certain levels of illegal drugs in your blood. If you are stopped by the police on suspicion of drug driving, they can conduct a ‘field impairment assessment’ which may include asking you to walk in a straight line. The police also have roadside drug screening kits to test drivers for cannabis and cocaine. If officers believe you have taken drugs and are therefore unfit to drive, they can arrest you and take you into custody where they will request a blood or urine test at the police station.

If you are convicted of drug driving, you will be banned from driving for at least 12 months and may receive an unlimited fine and/or a six-month custodial sentence.

 

Driving whilst disqualified

Section 103 of the Road Traffic Act (RTA) 1988 provides that a person is guilty of an offence if they drive a motor vehicle on a public road or try to obtain a driving licence whilst disqualified.

The Prosecution must prove that you have been disqualified. In R v Derwentside Justices ex parte Heaviside [1996] RTR 384, the Court stated this could be achieved through:

  • The Defendant admitting they had been disqualified,
  • Fingerprint evidence, or
  • Identification by another person who was present in the Court when the Defendant was disqualified.

Our specialist Motoring Offence Solicitors will swiftly identify if you have a defence to driving whilst disqualified and work tenaciously to have the charge dropped before your Court date.

 

Dangerous driving

Dangerous driving is defined as driving that falls far below the standard expected of a competent driver and puts the safety of other road users and yourself at risk. Examples include:

  • Aggressive driving or racing.
  • Running red lights or stop signs.
  • Dangerous overtaking or tailgating.
  • Driving when you are unfit to be in charge of a vehicle because you are drunk, sleepy, or injured.
  • Driving a vehicle that you know is unfit for the road or is carrying too heavy a load.

Driving whilst distracted, for example by lighting a cigarette or looking at a map, can also fall into the category of dangerous driving.

 

Careless driving

Careless driving is a lesser offence than dangerous driving, however, it can still lead to a prison sentence if you cause the death of another person. You may be charged with careless driving if your driving falls below the minimum standard expected of a competent and careful driver. This includes driving inconsiderately.

 

Driving without insurance

Section 143(1)(a) of the RTA 1988 provides that “a person must not use a motor vehicle on a road or other public place unless there is in force in relation to the use of that vehicle by that person … a policy of insurance …”.

If you unwittingly drive your employer’s uninsured vehicle, a statutory defence is available.

The penalty for driving without insurance ranges from a £300 fixed penalty and six penalty points through to an unlimited fine and/or your vehicle being impounded or even destroyed.

 

Speeding and speeding tickets

Being caught speeding is one of the most common motoring offences. The minimum penalty for speeding is a £100 fine and three penalty points added to your licence. If you are caught driving well above the speed limit, you can be prosecuted in Court.

Many clients contact us because they have been caught speeding and have totted up 12 or more points on their driving licence. This leads to automatic disqualification, unless you can successfully argue that not having a driving licence would cause you or another person to suffer exceptional hardship. Our team can advise and represent you in defending a speeding Notice of Intended Prosecution or, if loss of licence is inevitable, argue exceptional hardship to the Court so you can retain your driving licence.

 

Failing to provide a specimen

It is a criminal offence to refuse or be unable to provide, when requested, a blood, urine, or breath specimen to the police without a reasonable excuse. This is a serious offence and can result in a minimum 12 month driving disqualification, and/or a fine of up to £5,000, community service, or up to six months imprisonment if you are caught attempting to drive.

Our Motoring Offence Solicitors will carefully examine the circumstances around why you would not or could not provide a specimen and advise on whether there is a robust defence in order to achieve the best possible outcome.

 

Failing to Stop or Failing to Report

If you have been involved in an accident that has caused vehicle damage and/or injury to a person, you have a legal duty to stop long enough for anyone involved in the crash to ask for your details. If you do not stop, you must report the accident to the police within 24 hours.

You can be disqualified from driving, receive a maximum £5,000 fine, or in the worst-case scenario, be imprisoned for up to six months if you fail to stop or report an accident.

 

How to contact us

To speak to a member of our motoring solicitors team for advice about a motoring allegation or representation in Court, contact a member of our Magistrates’ Court team.  Alternatively, you can click here to provide us with your details, and a member of the team will get in touch with you as quickly as possible.

Our objective is to keep you on the road wherever possible. You worked hard for your licence, and we understand its value to you.

Reeds Solicitors is an award winning and leading top-tier criminal defence firm. For legal advice and representation, please contact us through our contact page here. Alternatively, you can phone 0333 240 7373, or email us at info@reeds.co.uk.

Contact Our Motoring Solicitors

0333 240 7373