Professional legal advice for motoring convictions and offences
If you’re facing a motoring offence it can be daunting as the punishments range from points on your licence to imprisonment. Our team of motoring solicitors are here to help defend you and ensure you get fair representation and the best possible outcome. Talk to our team in Leeds, Doncaster, Sheffield, and Wakefield.
Get in Touch
Call us: 0800 138 0458
Contact Us
Just enter your details below and we'll be in touch. If you'd prefer to speak to someone by phone, you can find your nearest Switalskis office here and we'll put you in touch with the right person.
By addressing the allegations quickly with an experienced motoring offence solicitor you’ll be able to secure the best possible outcome for your situation. Driving offences are more common than you think, and a conviction can have long term implications you'd never have even thought of. Below we’ve summarised some of the main driving offences, what to do in that situation and the possible penalties.
What to do when you face a driving ban because of points ‘totting up’?
Totting up is when you’ve been given 12 points on your licence. If you get 12 points you’ll be given a six-month disqualification. If this happens there are some defences that can be made which may help you retain your licence, this is the Exceptional Hardship argument. If this defence is well made and the court sides with you then you’ll keep the points on your licence but not be banned from driving.
By working with our motoring offence solicitors, we can help you to prepare your defence and build an effective argument as to why you should be allowed to retain your licence. Getting in touch with us quickly gives us more time ahead of your court appearance to prepare you for your court date.
Driving when disqualified or without a licence
If you’ve been disqualified from driving and then caught driving, the penalty can be large. This also applies to driving without a valid driver’s licence. The penalties for both include a driving ban, a fine of up to £5,000, points on your licence, and for driving when disqualified time in prison. Getting in touch with our motoring offence lawyers quickly is the best course of action in this situation.
Only very limited arguments can be made to try protecting you from the above punishments. By working with an expert who has experience of these cases you will improve your chances of a positive outcome.
What to do if you get a notice of intended prosecution/request for driver details?
A Notice of Intended Prosecution (NIP) is a letter warning you that you’ll soon be prosecuted for a motoring offence. If you receive one, you’ll need legal representation and the sooner you call us the better.
The NIP must be received in the post by the driver or registered keeper of the vehicle within 14 days of the alleged offence. If you don’t get this within the 14 days, it’s possible you can avoid prosecution. If the letter arrives in time you need to confirm who was driving within 28 days of its arrival. If you don’t tell them who the driver was in that time you could have additional penalties like:
- Disqualification from driving
- Penalty points
- A fine of £1,000 or more.
What to do if you are charged with dangerous driving?
Dangerous driving covers a lot of things, often it’s things you don’t expect like overtaking dangerously that can lead you into trouble.
The sentence or fine given to you depends on your previous driving record and whether anyone was injured or died as a result of your driving. Each situation is unique and getting bespoke legal advice on dangerous driving gives you the best chance of a defence. The earlier you find a dangerous driving solicitor the longer you have to build a defence and gather your evidence. The maximum sentence can be up to two years in prison and an unlimited fine.
Driving without insurance or MOT
Driving without insurance can have you found guilty even if you didn’t realise your vehicle wasn’t insured. Often this is a mistake, a wrong date, or a missed email to notify you of your insurance expiring. With a motor offence lawyer, you can plead your case effectively to the court and it will often mean the difference between keeping your licence and not.
Driving without an MOT is also illegal unless you’re driving to your MOT appointment and can prove this. Without a valid MOT your vehicle could be impounded, or you could be given points on your licence or fine of up to £1,000.
By getting in touch with us we can gather the relevant evidence to build a case for you which we will then present to the Court, showcasing you in the best light to achieve the best outcome.
What to do if you have been arrested for drink driving?
If you’ve been stopped by the police and a breathalyser test has shown you to be over the drink drive limit, you will be arrested and taken to the police station for further testing. . This is likely to be blood and urine tests.
If you refuse to comply this then becomes an additional criminal offence, unless you have a reasonable excuse to not give a sample. Without a reasonable excuse you can face additional penalties.
Examples of why you may not be able to give a sample can include:
- Anxiety or panic attacks
- Asthma or breathing problems
- The police haven’t followed the correct procedures
By working with a drink driving solicitor, you’ll be able to address the allegations. When needed we are able to work with medical professionals to support your case and prepare the best defence for you.
What to do if you are charged with careless driving?
Careless driving can be things we see daily, like tailgating and undertaking, but they are offences you can be prosecuted for.
In some cases of careless driving, you’ll get either a Single Justice Procedure Notice (SJPN) or be summoned to court. For a SJPN you won’t need to attend a Court hearing, but you’ll have to write a submission pleading your case. Having an experienced motoring offence solicitor write this improves your chances of securing a positive outcome.
If you’re prosecuted for careless driving, you can be fined, given points, or even banned from driving. A careless driving solicitors ensures you're fairly represented to achieve the best outcome possible.
In the worst-case scenario if someone dies, you may have to appear in the Crown Court and can face up to five years in prison, an unlimited fine and a mandatory disqualification. In this case it’s absolutely critical you seek legal advice, our team have a wealth of experience in the Crown Court and can plead your case effectively.
Failure to stop or report an accident
If you’re involved in a road traffic accident you must stop and swap details with the other person. This needs to be reported to the police within 24 hours. If you don’t stop, you can be fined and given points on your licence.
Working with a road traffic accident lawyer you can build up a defence as to why you didn’t stop or report the accident which may help you avoid a fine or points on your licence.
Driving when using a phone or device
In March 2022 the law on phone and device usage got stricter. It meant you could no longer touch your phone or device whilst you are in your car. The only exception to this is to use payment services like apple pay at a petrol station or drive through when the car is stationary. If caught using your phone it can come with six penalty points on your licence.
We’re here to help you if you’ve been accused of using a mobile phone or device whilst driving, especially if the resulting points would cause you to lose your driving licence.
Car insurance fraud
Car insurance fraud
Insurance fraud is high on the agenda for many insurers, and they’re investing a lot of money into catching fraudsters. Car insurance fraud could be the result of an easily made mistake, by discussing the situation with our insurance fraud defence lawyers you can explain the situation and a defence can be formed.
- claiming for injuries that didn’t happen, often for passengers who weren’t involved in the accident
- dumping a vehicle and claiming for the theft of the car
- inflating the details of an accident to receive more from a claim
- lying about a named driver (also known as fronting)
- providing false or inaccurate information on your insurance application.
What to do if you have been driving under the influence of drugs?
Driving under the influence of drugs, or drug driving, doesn’t just apply to illegal drugs. It also applies to some over the counter and prescribed medicines. If you’re caught, suspected of, or attempting to drive under the influence of drugs the police can stop you and carry out a roadside impairment test to see if your driving has been affected by taking drugs – they’ll take a blood test as soon as they can.
In the case of prescribed medications there are some medications which have legal driving limits attached, these can be found here. You’ll need to prove that these medicines belong to you and that you’re under the limit.
Driving under the influence of drugs can have big penalties including prison, an unlimited fine and a driving ban. If you contact our drug driving solicitors, you’ve a better chance of fighting your charges and getting the best outcome for your situation.
