Motoring & Road Traffic Offences
M23Law are criminal defence solicitors specialising in defending clients on all types of Motoring / Road Traffic offences cases including:|
Please click on the above links to find out more about these offences and the penalties involved. |
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 Speeding Penalties & Offences: (Radar, laser and other speed camera devices)It is an offence to drive a motor vehicle on a road exceeding a statutory speed limit. We are frequently instructed by clients regarding speeding allegations. Often, clients will want to know whether the case that they are facing has been undertaken in a procedurally correct way, or whether there is a ‘loophole’ or ‘technicality’. Our team has vast experience in reviewing the case to establish whether there are any such technicalities. Examples are as follows:
Specific advice may need to be provided in relation to a ‘penalty point / totting’ disqualification. Penalty: If convicted of speeding, you will receive a fine, as well as a number of penalty points or disqualification period. If the offence was committed on a motorway, the maximum fine will be £2,500.00. Otherwise, the maximum fine is £1,000.00. The decision on whether to impose penalty points (which can range from 3 to 6) or a disqualification period very much depends upon the circumstances of the particular case. Failing to provide driver’s identity:(under the S.172 notice of intended prosecution procedures)Where a driver is not stopped by the police at the time of an alleged offence, a notice of intended prosecution will normally be sent to the registered keeper of the vehicle within 14 days. The registered keeper will be required to give information concerning the identity of the driver at the time of the alleged offence. It is an offence to fail to respond with the necessary information within the timeframe given by the police. It can, in some instances be very difficult to establish who the driver was at the material time. We frequently represent clients who find themselves in this predicament. Due to the time limits imposed, it is important not to delay in dealing with your response. Contact us as soon as possible on guidance on information to provide. If you have received a summons to attend court for an offence under this section, contact us. We can normally deal with this kind of case administratively, by correspondence to the police / prosecution. Alternatively, we can represent you at court. Penalty: The penalty for this offence is an endorsement of 6 penalty points, together with a fine of up to £1,000.00. Disqualification can be ordered instead of penalty points, but in practice this is rare. Using mobile phone whilst driving: This offence was created in early 2007. Use of mobile phones and other similar devices is now a specific offence.
A fairly broad approach has been demonstrated by the courts in relation to the words “use” and “driving”. Various kinds of mobile phone use are covered, such as texting, emailing, making / receiving a call and internet use. This list is not exhaustive!
Penalty: This offence carries 3 penalty points, together with a fine of up to £2,500.00. Disqualification can be imposed instead of penalty points. Driving with excess alcohol / drink driving:This is a very common offence and we have vast experience of representing clients both on ‘not guilty’ and ‘guilty’ basis. It is an offence to drive (or attempt to drive) a motor vehicle on a road or other public place with alcohol in your body over the prescribed limit.The ‘limit’ depends on the type of sample that is provided:
 The penalty for driving with excess alcohol varies depending upon the level of intoxication and other ‘aggravating features’. However, a minimum 12-month disqualification is mandatory on conviction, unless special reasons can be found.
In serious cases the Court will consider imposing a community order or up to 6 months’ imprisonment. In less serious cases the minimum disqualification of 12months and a financial penalty of up to £5000.00 may be imposed. Where there is a second similar, or other alcohol related offence within the last 10 years the risk of custody will be increased and a minimum 3 year disqualification will be imposed.
If special reasons are found the Magistrates’ are entitled to endorse your driving licence with between 3 – 11 penalty points. Unless your licence is clean this may result in a disqualification under the
The penalty for being drunk in charge is 10 penalty points, or a discretionary disqualification, and a financial penalty of up to £2500.00. However, in serious cases the Court can sentence to a maximum term of 3 months custody.
The level of representation can be tailored to meet your specific requirements. We are able to offer:
How we can
help you If you’ve been caught for any of the above motoring offences, the level of representation we can provide can be tailored to meet your specific requirements.
An initial consultation either at our offices or over the telephone. Ongoing case management and representation on an administrative basis. Representation at the police station level. Representation at court at every stage in proceedings. Representation can be either by one of this firm's solicitors or one of our selected barristers.
Please call 0844 2640 999 for further information.
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