If you are facing prosecution for any motoring offence and are looking for a specialist motoring solicitor to give you free initial advice and represent you in court from as little as £200, then you may wish to go to fixedfeelawyer.co.uk

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If you have a question concerning any of the motoring offences or motoring offence related subjects listed to the left of this page, click on that offence/subject and you will find a whole range of useful information in faq format.

CARELESS DRIVING

What is the maximum penalty? - up to £5000 fine plus 3 - 9 points or disqualification

What is the definition of 'without due care'? - a standard of driving that fell below that, which is expected of a competent and careful driver. If you want free initial advice as to whether you may have driven carelessly, from a solicitor who specialises in defending people accused of motoring offences then visit fixedfeelawyer.co.uk

Do the prosecution have to prove I was driving? - yes, as with vast majority of motoring offences, the prosecution have to prove beyond all reasonable doubt that you were driving. They may try to do this by sending you a notice requiring you to identify who was driving (6 points + a fine if you fail to do so). Alternatively, the police may ask you to agree to be interviewed either at the road side or at some later stage. What you do during the interview stage is vital when it comes to defending a motoring offence prosecution and given that everyone is entitled to a solicitor for FREE for an interview at the police station, there is no excuse not to have one. Go to fixedfeelawyer.co.uk to find a solicitor who specialises in defending people accused of motoring offences.

Do the police have to issue a notice of intended prosecution within 14 days of the date of the alleged offence? - yes, unless you were warned at the time of the offence that you may be prosecuted or unless there was an accident that you would have been aware of.

I don't accept my driving was 'careless' what can I do? - you are entitled to plead not-guilty and the court will then decide after hearing all the evidence, whether the prosecution have proved you drove without due care and attention.

The police want to talk to me about a road traffic accident, what should I do? - the police will probably want you to attend the local station for a voluntary interview. You are entitled to have a solicitor present FREE OF CHARGE and would be well advised to do so, even if you think you have done nothing wrong. Go to fixedfeelawyer.co.uk to find a solicitor who specialises in defending driver's accused of motoring offences.

I accept I was in the wrong, what can I do? - In certain circumstances the police will agree to allow you to do a 'Driver Improvement Course' as an alternative to prosecution, this means no conviction, no points, no fine and no vastly increased insurance premiums for the next 5 years. It is vital to have a solicitor who specialises in representing people accused of motoring offences, acting for you if you want to increase your chances of being offered the Driver Improvement Course. Go to fixedfeelawyer.co.uk to find a specialist motoring offence solicitor.

DEATH BY CARELESS DRIVING

What is the maximum penalty? - up to 5 years imprisonment and/or £5000 fine plus minimum 12 months disqualification, discretion to order extended re-test. If don't disqualify (e.g. due to special reasons) then must impose between 3 and 11 points.

CAUSING DEATH BY CARELESS DRIVING WHILST UNDER INFLUENCE OF DRINK/DRUGS

What is the maximum penalty? - up to 14 years imprisonment, plus minimum 2 year disqualification, must order extended re-test. If don't disqualify (e.g. due to special reasons) then must impose between 3 and 11 points.

CAUSING DEATH WHILST UNLINCENSED, UNINSURED OR DISQUALIFIED

What is the maximum penalty? - up to 2 years imprisonment and/or £5000 fine. Must disqualify, plus discretion to order extended re-test. If don't disqualify (e.g. due to special reasons) then must impose between 3 and 11 points.

DANGEROUS DRIVING

What is the maximum penalty? - up to 2 years imprisonment and/or up to £5000 fine plus minimum 12 months disqualification and disqualified until extended re-test taken. Minimum disqualification is 2 years if you have 2 or more disqualifications of more than 55 days in the preceding 3 years.

What is the definition of 'dangerous driving'? - a standard of driving that fell far below that, which is expected of a competent and careful driver and it would have been obvious to a competent and careful driver that driving in that way would be dangerous. If you want free initial advice as to whether you may have driven dangerously, from a solicitor who specialises in defending people accused of motoring offences then visit fixedfeelawyer.co.uk

DEATH BY DANGEROUS DRIVING

What is the maximum penalty? - up to 14 years imprisonment, plus minimum 2 year disqualification, must order extended re-test. If don't disqualify (e.g. due to special reasons) then must impose between 3 and 11 points.

DRIVING WHILST DISQUALIFIED

What is the maximum penalty? - up to 6 months imprisonment and/or up to £5000 fine. May disqualify and if don't disqualify then must impose 6 points.

DRIVING WITHOUT A LICENCE

What is the maximum penalty? - up to £1000 fine plus 3 - 6 points or discretionary disqualification. This offence is non-endorseable (can't disqualify or impose points) if the driver could have been covered by a licence.

DRINK DRIVING

What is the maximum penalty? - up to 6 months imprisonment and/or up to £5000 fine plus minimum 12 month disqualification. Minimum disqualification is 2 years if you have 2 or more disqualifications of more than 55 days in the preceding 3 years. Minimum disqualification is 3 years if you have a relevant drink drive conviction in preceding 10 years.

DRUNK IN CHARGE

What is the maximum penalty? - up to 3 months imprisonment and/or up to £2500 fine, plus may disqualify, if don't disqualify then must impose 10 points.

FAIL TO IDENTIFY DRIVER (S.172 OFFENCE)

What is the maximum penalty? - up to £1000 fine plus 6 points

FAIL TO PRODUCE DOCUMENTS

What is the maximum penalty? - up to £1000 fine (up to £500 fine for failing to produce insurance certificate)

FAIL TO PROVIDE A SPECIMEN (WHEN SUSPECTED OF DRIVING OR ATTEMPTING TO DRIVE)

What is the maximum penalty? - up to 6 month imprisonment and/or up to £5000 fine plus minimum 12 month disqualification. Minimum disqualification is 2 years if you have 2 or more disqualifications of more than 55 days in the preceding 3 years. Minimum disqualification is 3 years if you have a relevant drink drive conviction in preceding 10 years.

FAIL TO PROVIDE A SPECIMEN WHEN SUSPECTED OF BEING DRUNK IN CHARGE

What is the maximum penalty? - up to 3 months imprisonment and/or up to £2500 fine, plus may disqualify, if don't disqualify then must impose 10 points.

FAIL TO COOPERATE WITH PRELIMINARY BREATH TEST AT THE ROAD SIDE

What is the maximum penalty? - up to £1000 fine, plus 4 points.

FAIL TO STOP AFTER AN ACCIDENT AND/OR FAIL TO REPORT AN ACCIDENT

What is the maximum penalty? - up to 6 months imprisonment and/or up to £5000 fine plus 5 - 10 points or disqualification.

MISCELLANEOUS OFFENCES

DANGEROUS PARKING, CONTRAVENE PELICAN or ZEBRA CROSSING, FAIL COMPLY POLICE CONSTABLE DIRECTING TRAFFIC

What is the maximum penalty? - £1000 fine plus 3 points

MOBILE PHONE USE

What is the maximum penalty? - £1000 fine plus 3 points

MOTORWAY OFFENCES

What is the maximum penalty? - £1000 fine plus 3 points (stopping or walking on the hard shoulder does not carry penalty points)

NO INSURANCE (USE, CAUSE OR PERMITTING NO INSURANCE)

What is the maximum penalty? - up to £5000 fine plus 6 - 8 points or disqualification

RED LIGHT (FAIL COMPLY WITH TRAFFIC SIGN)

What is the maximum penalty? - up to £1000 fine plus 3 points

SPEEDING

What is the maximum penalty? - up to £1000 fine plus 3 - 6 points or disqualification

I accept I am guilty of the offence but can I ask the court not to give me points and not to disqualify me? - yes, if you are guilty of this motoring offence but there was a good reason why you were speeding then you can ask the court to consider what's called a 'Special Reasons' argument. Click here for more information on 'Special Reasons'.

I don't accept I was driving at the time of the alleged speeding offence, what can I do? - you should consider pleading not-guilty because it is for the prosecution to prove beyond reasonable doubt that you were driving the vehicle at the relevant time.

I don't accept that it was my vehicle that was caught speeding and I suspect someone has cloned my vehicle, what can I do? - if you have good reason to suspect your vehicle has been cloned then you should consider pleading not-guilty to the alleged motoring offence. The police will further investigate the matter. Although it is not technically your responsibility to prove your car was cloned, you may wish to instruct a specialist motoring solicitor to represent you and help you positively demonstrate that you may have been the victim of cloning. Visit fixedfeelawyer.co.uk where you will find a specialist motoring solicitor who will give you free initial advice on this issue.

What if the car was registered to me but I wasn't driving it at the time of the offence? - you are not-guilty of the speeding offence but if you are asked to identify who was driving then you must do everything you possibly can to identify the driver within 28 days. In most cases you must also provide any information that may assist in identifying who the driver was.

What if I accept I was going faster than the speed limit but not as fast as the police say I was going? - then you are guilty of a speeding offence but you can ask the court to sentence you on the basis of how fast you say you were going. This may involve the need for the court to hear evidence as to how fast you were going. You may wish to visit fixedfeelawyer.co.uk to find a specialist motoring solicitor who should be able to represent you in a case like this.

TOTTING UP DISQUALIFICATION

What does 'totting up' mean? - if you accumulate 12 or more penalty points on your licence for motoring offences committed within 3 years of each other then the court has to consider an automatic minimum 6 month ban, which is often referred to as 'totting up'. The offence dates are used to calculate the 3 year period. See exceptional hardship for information as to how a totting up ban can be avoided.

If you have one previous disqualification for a period of 56 days or more, imposed within 3 years of the date of the new offence, then the minimum totting up disqualification period rises from 6 months to 12 months.

If you have two previous disqualifications for periods of 56 days or more, imposed within 3 years of the date of the new offence, then the minimum totting up disqualification period rises from 12 months to 2 years.

EXCEPTIONAL HARDSHIP

What is meant by the term 'exceptional hardship'? - the law allows the court to use its discretion when deciding whether or not to ban a driver under the totting up provisions. If the court is satisfied that there are mitigating circumstances then the court can choose not to disqualify the driver or to disqualify for a period shorter than the minimum.

Mitigating circumstances cannot be hardship (other than exceptional hardship), cannot be any circumstances that allege the offence is not a serious one and cannot be any circumstances that have already been taken into account in the previous 3 years when deciding not to disqualify or disqualify for shorter than the minimum period.

Go to fixedfeelawyer.co.uk to find specialist motoring lawyer who can advance an exceptional hardship argument at court on your behalf from as little as £250.

SPECIAL REASONS

How much is a motoring solicitor likely to charge me to present a Special Reasons argument? - you should expect to pay between £250 and £750 for a specialist motoring solicitor to represent you in court and argue that there are special reasons not to impose points or disqualification for a motoring offence. Visit fixedfeelawyer.co.uk to find a motoring solicitor who could do this for you.

For more detailed information with regard to special reasons arguments visit avoidpoints.co.uk

NEW DRIVER PROVISIONS

For detailed information with regard to the New Driver Provisions visit avoidpoints.co.uk

EDUCATIONAL COURSES

For detailed information with regard to Educational Courses as an alternative to prosecution visit avoidpoints.co.uk

SHORT BAN

For detailed information with regard to how to get a short ban as an alternative to penalty points visit avoidpoints.co.uk

APPEALS

For detailed information with regard to your automatic right to appeal visit avoidpoints.co.uk