Our advice is when going to Court, never go unrepresented just to “get the matter over with”. Very often, the accumulation of penalty points can lead to the loss of your driving licence. For example “driving without due care and attention” carries up to 9 points, a disqualification and a fine of up to £2500.
Most people plead guilty to road traffic offences, so often the police do not prepare their files well. Our lawyers can provide comprehensive advice so that you do not plead guilty to something the police cannot prove.
We are able to cover all stages of proceedings, from first hearing to appeal to the highest courts. We pride ourselves on honest advice and robust defence advocacy. If there are poor prospects of success, we will tell you as much; and do the best job to mitigate your sentence, hopefully avoiding disqualification. In any event we will fight your case all the way.
We have many years of experience in representing clients for offences of speeding, drink driving (including failing to provide), careless driving, dangerous driving, and death by careless driving.
If expert advice is needed, we have a number of able and experienced experts who we regularly call upon to assist us, who will be able to provide a report in your case.
Frequently asked questions
This is a simple guide to some of the most commonly asked questions that we are asking. Your case might not fit the standard answer so please do book an appointment if you have further questions.
What is totting up?
If you get 12 or more penalty points for driving offences committed within the same 3 year period.
Will I get a driving ban?
This depends on how many points you have. If you get 12 penalty points then you will be banned from driving for up to 6 months, maybe longer.
Could I be banned for longer than 6 months?
Yes, if you have been banned before.
- 12 months, if you get a second disqualification within 3 years
- 2 years, if you get a third disqualification within 3 years
What happens if I am about to get 12 points?
The police will write to you and you will be required to complete the single justices procedure form. This is then submitted to the police and the court will draw up a summons and you will have to come to court.
Can I avoid a totting up ban?
Yes, if you the court finds that you or someone that is dependent on you will suffer expectational hardship. The court will have to adjourn your case at the 1st hearing and you will have to come back to give evidence. Read more about our fees here.
Can it be longer than 6 months?
Yes – but this is unlikely. However, it is important that the good mitigation is put before the court to avoid this. This is something we can assist with.
Will my previous points count against me?
The court when considering disqualification will look at how many points you had at the time you committed the offence. Therefore, even if your points have now expired, if they were on your record at the time, and if you are near 12 points, these old points might result in a disqualification.
How long do penalty points stay on your licence?
They have effect for 3 years from the date of the offence however remove after 4 years.
Can the police ban me?
No, only a court can. If the police find out that you are not eligible for a Fixed Penalty because you have too many points – they will withdraw the conditional offer and you will go to court. If by mistake the police impose 12 points, it is likely that the DVLA will refer the matter to court who will ban you.
I received an offer to do a course, but I didn’t complete the form in time and now I am going to court?
The police don’t have to offer you the course, but we might be able to argue at court for a lesser penalty if this happens for example we have represented a client who found himself in this situation and court imposed a short disqualification rather than a totting up disqualification for the offence.
If I lose in the magistrates court – can I appeal?
Yes, to the crown court within 21 days from the date of sentence. That is something that we can help with.
What are the rules for new drivers?
If you get 6 points in the first 2 years of passing a test in the UK, you licence will automatically be revoked. The way we can help is by contesting the offence before you plead guilty. Provisional licences are not subject to these rules.
Will my driving conviction appear on my DBS?
Fixed penalty notices or tickets can be issued to individuals who commit minor offences, which offer drivers opportunities to settle them outside of the courts. These types of offences are not considered criminal offences, and therefore will not show up on a DBS check. Fixed penalty offences could consist of the following:
- Speeding
- Driving in a bus lane
- Driving through a red light
- Pedestrian crossing offences
- Driving without a seatbelt
- Ignoring road signs
- Driving without an MOT
These offences should not be disclosed on a DBS check, if they do show up on your DBS, speak to us and will be able to assist you.
What is a Section 172 notice?
It’s a notice from the police to the registered keeper of a vehicle, requiring them to provide the identity of the driver at the time of an alleged road traffic offence. The notice must be sent within 14 days of the date of the alleged offense. It carries a max £1,000 fine.
If I get a section 172 – what happens if I can’t remember who the driver is?
It is likely you will be prosecuted, but you might have a defence. We acted for a lady who in good conscience could not remember whether she or her husband drove. She won her case on appeal with our assistance.
Our Experience
- Michael recently represented Ms D who faced an allegation of driving with excess alcohol. Michael put forward special reasons on her behalf (she only drove a short distance). The magistrates agreed that there were special reasons so she kept her licence, despite the fact as a result of this offence she had over 12 points on her licence.
- Michael represented Mr Rafique a taxi driver accused of causing the death of a university researcher by careless driving. He was cleared by the jury. Read media coverage…
Read more about drink driving …