Motoring Law

Police action and court proceedings for motoring offences can affect many people who would not normally have any experience of the criminal justice system, particularly given the prevalence of speed cameras. Widdows Mason is able to offer advice and representation in relation to all road traffic offences.

Please note that Legal Aid is not usually available for the more common driving offences. We can advise you about your eligibility and how to pay us privately if you wish to do so.

Drink Drive Offences

If you are convicted of an offence of driving with excess alcohol, the court is obliged to disqualify you from driving for a minimum period of 12 months unless there are special reasons – please see our Special Reasons page for more details. This period can be reduced by 25% if you agree to  participate in a drink drive rehabilitation course. If you commit a second offence within 10 years, the minimum disqualification period is 3 years.

Sentences for drink-drive offences can range from a fine to imprisonment, depending on the level of the alcohol reading obtained by the police.  Any previous convictions will also be a relevant factor.

Please note that failing without reasonable excuse to cooperate with a breathalyser test or other procedures for obtaining specimens for alcohol analysis is a separate offence which can also lead to disqualification and further punishment.

Speeding Offences

For   relatively minor infringements of the speed limit, the police can  issue   a fixed penalty fine and 3 points on your driving licence, which   means  that you would not have to attend court. More serious cases will    require your attendance at court and can attract outright    disqualification in addition to a fine. The seriousness of the case will    depend on your speed, the extent to which you exceeded the limit and    your previous driving record.

Please note   that if the police allege a speeding offence they will  send the   registered owner of the vehicle a notice requesting  confirmation of the   driver's details. If you fail to provide these  details you may be   committing a separate offence.

Disqualification from driving

Some road traffic offences carry automatic disqualification if you are convicted.  Others carry discretionary disqualification and the court will take into account the seriousness of the offence and your previous driving record. You can also be disqualified from driving under the penalty points system (see below). If the court disqualifies you from driving it takes effect immediately. Driving whilst disqualified is a serious offence which can result in imprisonment.

In some circumstances you can ask the court to allow you to drive again before the disqualification period has elapsed.

The penalty points system

Most road   traffic offences carry penalty points. If you are convicted  of an   offence the points will be endorsed on your driving licence. If  you   accumulate 12 points or more during a 3 year period, you will be  liable   to disqualification from driving for a minimum of 6 months.

It is   possible to argue before the court that disqualification in  these   circumstances would result in exceptional hardship. If persuaded  the   court would have the discretion not to disqualify you or to  disqualify   you for less than the minimum period. Exceptional hardship  generally   involves hardship to others which would result from your    disqualification, such as family members or employees.

Special Reasons

Even if an offence carries automatic disqualification or penalty points it is possible in certain circumstances to ask the court not to disqualify or impose points. This only applies in very limited circumstances (known as special reasons), such as an emergency. Even where special reasons might apply the court will look very carefully at  the circumstances of  the case and you will need legal advice about your chances of success.

Driving while using a Mobile Telephone

Many of you will be aware that recent changes have taken place in relation to the use of mobile hand held telephones whilst driving. In  addition to the court's power to impose a minimum of three penalty points and a financial penalty the prosecution could also decide to  follow a more serious charge of driving carelessly or without due care and attention.   Again the relevant sentence would depend upon the facts of the case and your own personal circumstances.