Motoring Offence Solicitors

An elderly person smiling gracefully, radiating warmth and contentment.

Motoring Offence Solicitors

For the best possible outcome

Facing a motoring offence can be stressful. In some cases, it will affect not just your driving record but also your daily life, your work and your finances. The consequences can range from a fine and points on your licence to more severe penalties like disqualification, or even imprisonment.

Beyond the immediate legal implications, a motoring offence charge can also bring about personal and financial worries. It may affect your job security, insurance premiums and even your reputation. If you find yourself in such a situation, it's important to seek expert legal advice to navigate the complexities of motoring laws, protect your rights and defend yourself.

In these situations, Switalskis will be there to help. Specialising in road traffic offence cases, our team of solicitors is well equipped to guide you through the legal process. We have significant experience in handling a wide range of motoring offences, from speeding tickets to dangerous driving charges. We approach each case with the sensitivity and attention it deserves, offering clear and compassionate advice every step of the way.

Whether you're facing charges for a minor infringement or a more serious offence, we're committed to defending your rights and minimising the impact on your life. With Switalskis, you're not just getting legal representation; you're gaining a supportive team committed to achieving the best possible outcome for you.

Our range of expertise includes:

  • Police station representation - if you’ve been arrested and taken to a police station, we can represent you when you need it most. All advice we offer at the station is free, and we have a 24-hour emergency callout service.
  • General crime - our criminal defence solicitors can help you if you’ve been accused of sexual offences, drug assaults, theft, burglary and public order offences.
  • Fraud and business crime - our business crime team specialises in serious fraud, tax fraud and asset seizures for organisations of all sizes. We can provide representation in regulatory investigations and actions, and we will aim to reduce the possibility of serious penalties for businesses.
  • Motoring offences - losing your driving licence can have serious consequences on your career, your family life and your personal relationships. If you’re being prosecuted for a motoring offence, we’ll advise you on minimising the impact the offence has upon you.

To discuss your situation and find out how we can assist you, give us a call today on 0800 1380 458, or get in touch with us via our website.

How Switalskis can help you

When you contact us, we'll have an initial chat to understand your specific situation. We'll assess the strength of your case and explain the legal process, so you’ll know what to expect if you decide to go ahead.

Our team will guide you every step of the way, simplifying any complicated legal language and handling the bulk of the responsibility so you can focus on your daily life. We're committed to understanding the unique challenges you're facing and tailoring our advice based on what you need.

With Switalskis, you can be confident that you have experienced legal professionals on your side. We'll guide you through each stage of your case, making sure you're well-informed and confident in the decisions you make.

Read what our clients had to say about the help they received from Switalskis

What types of motoring offences can Switalskis help with?

We regularly help our clients deal with a range of motoring offence charges. This includes the following:

  • Speeding: whether a minor infringement or a more serious case, a speeding offence can add points to your licence and increase your insurance premiums. Speeding is also a common cause of a ‘totting up’ ban, which happens when a driver exceeds the 12-point limit.
  • Drink and drug driving: being caught driving under the influence can lead to severe penalties, including a driving ban. Many people don’t realise that it is illegal to drive after taking certain drugs even at prescribed doses, but the penalties of this type of driving offence can be just as severe.
  • Careless driving: this is a broad term to describe a number of potentially dangerous illegal acts on the road. Acts like tailgating or using a mobile phone while driving fall under the category of careless driving offences. In the most severe cases, this can lead to the deaths of or serious injury to pedestrians or other road users. We have experience helping clients navigate the implications of causing death or serious injury by careless driving.
  • Dangerous driving: more serious than careless driving, dangerous driving can result in heavy fines and even imprisonment. In the most severe cases, this can lead to the deaths of pedestrians or other road users. We have experience helping clients to navigate the implications of death by dangerous driving.
  • Failure to stop or report an accident: if you're involved in an accident and you don't stop or report it, you could face legal consequences. We can advise you on the best course of action to take if you make this kind of mistake.
  • Document offences: driving without a licence, an up-to-date MOT or adequate insurance are all serious offences that can result in fines and points on your licence. Many of our clients have committed document offences by accident, and there are a number of defences we may be able to use in cases like these.
  • Using a mobile phone while driving: there are very specific circumstances in which you can use your phone while you’re behind the wheel, and it’s important to understand the rules. The law takes it seriously if you get this wrong.

We can also help you to decide whether the best choice is to plead guilty or not guilty to your offence. If you decide to contest a motoring offence and are unsuccessful, the penalties can be more severe, so it’s important to make the right choice. Sometimes, accepting guilt will make the court look favourably on you and result in a lower sentence. Switalskis will assess your situation and help you to understand the best course of action for you.

We understand that every motoring offence has its own unique set of circumstances and challenges. That's why we approach each case with genuine compassion, alongside our legal expertise. We're here to guide you and make sure you're well informed every step of the way. 

Below, we go into more detail about the specific offences you could face and outline what you should expect to deal with:

What to do when you face a driving ban because of points ‘totting up’

Totting up is when you’re given a total of 12 points on your licence within a 3-year period, which will result in a 6-month disqualification. However, if this happens, there are some arguments that can be made that may help you retain your licence, such as the exceptional hardship argument. If this is made well and the court sides with you, you’ll keep the points on your licence but not be banned from driving.

Switalskis’ motoring offence solicitors can help you prepare your case and build an effective argument as to why you should be allowed to retain your licence. Getting in touch with us as early as possible before your court date is vital. This gives us as much time as possible to prepare you for your court appearance.

What to do if you’ve been caught driving when disqualified or without a licence

If you’ve been caught driving after you’ve been disqualified, the penalty can be serious. This also applies to driving without a valid driver’s licence. The penalties for either offence include a driving ban, a fine of up to £5,000, points on your licence, and even time in prison in severe cases. 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 protect you from a charge for this type of offence. By working with an expert who has experience in these cases, you will improve your chances of a positive outcome.

What to do if you get a Notice of Intended Prosecution or a request for driver details

A Notice of Intended Prosecution (NIP) is a letter warning you that you may soon be prosecuted for a motoring offence. If you receive one, you might need legal representation, and the sooner you call us the better.

An NIP can be received in the post within 14 days of your alleged offence. If you don’t get it within 14 days, this may be a way to avoid prosecution. When you receive a NIP, you’ll need to tell the police who was driving the vehicle at the time of the alleged offence. You must do this within 28 days of its arrival. If you don’t, you could face additional penalties, including penalty points, a fine of £1,000 or more, and a disqualification from driving.

What to do if you’re charged with careless driving

Careless driving can include things the average driver sees daily, like tailgating and undertaking. As common as they are, these 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 an 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 for you 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 solicitor will make sure you're fairly represented to achieve the best outcome possible.

In the worst-case scenario, someone could die as a result of your careless or dangerous driving. In these situations, you may have to appear in the Crown Court, and if it is for careless driving, you could face up to five years in prison, an unlimited fine and a mandatory disqualification from driving.

What to do if you are charged with dangerous driving

Dangerous driving covers a lot of actions - often those you don’t expect, like overtaking dangerously.

The sentence you receive will depend on your previous driving record and how dangerous the driving was. Each situation is unique and legal advice tailored to your specific needs gives you the best chance of making a successful defence. The earlier you find a dangerous driving solicitor, the more time you’ll have to build a defence and gather your evidence. The maximum sentence for this offence is up to two years in prison and an unlimited fine.

Causing death by dangerous driving can carry life imprisonment and mandatory disqualification from driving. In this case, it is vital that you seek legal advice. Switalskis’s team has a wealth of experience dealing with the Crown Court and can plead your case effectively.

To discuss your situation and find out how we can assist you, give us a call today on 0800 1380 458, or get in touch with us via our website.

What to do if you’re found driving without insurance or an MOT

You may be found guilty of driving without insurance even if you didn’t realise your vehicle wasn’t insured. Often this is due to a simple mistake, like getting the wrong date or missing an email notifying you that your insurance is set to expire. An expert motoring offence lawyer can help you plead your case effectively to the court, which can be the difference between keeping your licence and losing it.

Driving without an MOT is 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 a fine of up to £1,000.

By getting in touch with us, you can find out what the outcome is likely to be and start the process of building a defence.

What to do if you’ve 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’ll be arrested and taken to the police station for further testing. These are 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
  • Failure to follow the correct procedures on the part of the police

By working with a drink driving solicitor, you’ll be able to put forth the best defence. We’ll also be able to make sure the police followed the right procedures when collecting evidence from you. We’re also able to work with medical professionals to support your case if we need to.

What to do if you’ve been accused of 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 or suspected of driving under the influence of drugs, the police can carry out a roadside impairment test to see if your driving has been affected by the substance. They’ll take a blood test as soon as they can.

In the case of some prescribed medications, there are legal driving limits that you mustn’t exceed. More information about these legal limits can be found here . You’ll need to prove that these medicines belong to you and that you were under the limit while driving.

A conviction for driving under the influence of drugs can come with big penalties, including a prison sentence, 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.

What to do if you failed to stop or report an accident

If you’re involved in a road traffic accident you must stop and exchange details with the other person or people. 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.

By working with a road traffic accident lawyer, you can build a defence explaining why you didn’t stop or report the accident, which may help you avoid a fine or points on your licence.

What to do if you’ve been caught using a phone or device while driving

In March 2022, the law on phone and device usage was made stricter. You can no longer touch your phone or device while in your car unless you’re safely parked with the engine turned off. The only exception to this is to use payment services like Apple Pay at a petrol station or drive-through window when the car is stationary. 

If caught using your phone outside these situations, you can get six penalty points on your licence. However, Switalskis may be able to help you if you’ve been accused of using a mobile phone or device while driving. This is vital, especially if the resulting points would cause you to lose your driving licence.

What to do if you’ve been accused of committing car insurance fraud

Insurance fraud is high on the agenda for many insurers, and they invest a lot of money into catching those who attempt to cheat the system. However, an allegation of car insurance fraud can arise out of a simple mistake. By discussing the situation with our insurance fraud defence lawyers, you can explain the situation and a defence can be formed that may help you avoid the most serious outcomes.

Car insurance fraud can include:

  • Claiming for injuries that didn’t happen, or on behalf of passengers who weren’t involved in the accident
  • Dumping a vehicle and claiming it was stolen
  • Inflating the details of an accident to receive more from a claim
  • Lying about being the main driver (also known as fronting)
  • Providing false or inaccurate information on your insurance application

Whatever type of insurance fraud you’ve been accused of, get in touch with Switalskis to learn how we can help.

What is the process of defending against motoring offences?

Defending a motoring offence in court can be a daunting prospect. We know how scary it can be to face losing your licence, but with our support, you can be sure of a fair resolution to your case. Our team will walk you through the entire process, standing by your side and offering you the best chance of a positive outcome.

While the process will vary at points depending on the type of offence you’ve been charged with, and the unique circumstances of your case, here's a simple guide to how defending a motoring offence generally unfolds:

Step 1: Initial consultation

The first step is to get in touch with our motoring offence team. You should do this as soon as you can. Don’t accept responsibility for any of your actions before speaking to us, as doing so can impact your chances of successfully raising a defence in court. We'll discuss the details of your case, helping you understand what you're up against and what your options are.

Step 2: Building your defence

If you decide to make a not guilty plea and seek representation from our team, we'll start by gathering all the evidence we need to build a strong defence for you. This could include CCTV footage, witness statements and any other relevant documentation that could help your case.

Step 3: Engaging with prosecution

Once we've got a solid defence in place, we'll make contact with the prosecuting authorities. This could be the police or another regulatory body, depending on the nature of the offence.

Step 4: Court proceedings

When it comes time for your court hearing, you can count on us to represent your interests, presenting all the evidence and making a compelling argument to defend your rights.

Step 5: Outcome and next steps

Following your hearing, your charges may be reduced or waived completely. If you’re charged, we'll make sure you understand the outcome and what it means for you moving forward, whether it's a fine, points on your licence or a more serious penalty.

Throughout this journey, we'll keep you in the loop, making sure you're aware of any developments and what they mean for your case. With Switalskis at your side, you can leave the legal complexities to us and be confident that we’re handling them with your best interests at heart.

Things to remember when defending a motoring offence charge

Facing a motoring offence charge can be a nerve-wracking experience, but there are key steps you can take to strengthen your defence and navigate the legal process more smoothly.

  • Gather evidence: consider any evidence that could support your case. This could be dashcam footage, GPS data or even eyewitness accounts. The more evidence you can collect, the stronger your defence will be.
  • Contact legal help: get in touch with a solicitor who specialises in motoring offences as soon as possible. While it’s technically possible to dispute a motoring offence by yourself, you should never attempt this. Our team has expert knowledge on how to avoid the various pitfalls of the legal process due to our decades of experience.
  • Keep records: make sure to keep any communication or documents related to the offence. This includes any letters from the police, court notices and your own notes of the event. These records can be invaluable when building your defence.
  • Be consistent: when speaking to your solicitor or appearing in court, it's essential to be consistent in your account of events. Any inconsistencies can weaken your defence and harm your credibility.

Remember, defending against a motoring offence charge isn't just about avoiding a fine or points on your licence; it's about safeguarding your driving record, and by extension, your future. With the right approach and expert legal guidance, you can navigate this challenging situation more confidently.

Reach out to us today for a free, no-obligation consultation by calling 0800 1380 458, or contacting us through the website.

Our Criminal Defence Specialists

Photo of Michael Devlin
Michael DevlinSolicitor Advocate
Photo of Sarah Myatt
Sarah MyattSolicitor Advocate
photo of Rob Fones
Rob FonesSolicitor Advocate
View more

Our latest crime updates

View more

Why Switalskis?

Our solicitors are specialists in motoring offences. If you're facing a charge and need expert legal advice, we're here to guide you through every twist and turn of the legal process. We promise to provide each of the following to every client we work with:

Clarity in complexity

Motoring offence cases can seem like a maze of complicated language and procedures. We're committed to making it all clear for you. We'll answer your questions, simplify the complex parts and make sure you know what's happening at each stage so you can make informed decisions.

Empathy at every step

We understand that this is a stressful time for you. We’ll listen to your worries, understand your situation and offer advice that's right for you. To us, you're not just a case; you're a person going through a tough patch, and we're here to stand by you.

Expertise you can trust

When it comes to defending yourself against a motoring offence, you need a legal ally you can rely on. With Switalskis, you're in safe hands. We've got years of experience and a solid track record in dealing with motoring offence cases of all kinds. Our track record of positive outcomes for our clients speaks for itself.

Championing your rights

We're all about making sure your voice is heard and your rights are upheld throughout the legal process. Trust us to turn a challenging situation into a journey towards justice and peace of mind.

Find out how Switalskis can help you

To learn more about how we can help you to navigate your motoring offence, simply call us today on 0800 1380 458 or contact us through our website.

When completing this form, the details you provide will only be used to deal with your enquiry. Please read our Privacy Policy for more information on how your data is used and stored.

Contact us