Is a Driving Offence a Criminal Offence?

If you commit a motoring offence and are convicted, it will go on your criminal record. This applies to all sentences available to the court, including fines, which are imposed by the court in respect of most, if not all, motoring convictions. A criminal record could have a devastating impact on your life, both personally and professionally, as it may affect your ability to get and maintain employment, and damage your reputation.

Below, we answer frequently asked questions about motoring offences and how they affect criminal records. Visit our Motoring and Driving Offences page for expert help and legal advice for your driving offence case.

Is a Driving Offence a Criminal Offence?

A driving offence is a criminal offence, like any other type of offence that you may be convicted of. However, unlike some more serious crimes, a criminal record for a motoring conviction does not stay with you for life. After a certain period, a criminal record related to a motoring conviction will become ‘spent’. This essentially means that you no longer have to declare it to your insurers or, in most cases, when you are applying for a job.

Is a Driving Ban a Criminal Conviction?

A driving ban is not a criminal conviction in itself, but it usually results from a motoring conviction for offences such as drink driving, dangerous driving offences or excessive speeding. These offences can lead to a court appearance and a criminal record, affecting your ability to drive, work and secure affordable car insurance.

The length of a driving ban depends on the severity of the offence and whether you have previous penalty points or motoring convictions.

Although a driving ban will eventually be lifted, the associated conviction remains on your record for a set period, potentially impacting job applications and insurance costs.

When Do Motoring Convictions Become Spent?

Criminal records relating to some motoring convictions are normally spent after five years, although details of certain offences - such as drink driving, drug driving, dangerous driving, failing to stop after an accident, and driving without insurance - remain on your driving licence and DVLA driving record for a much longer period.

Is Drink Driving a Criminal Offence?

Drink driving is a criminal offence and is dealt with very seriously by the police and the courts under the Road Traffic Act. It is illegal to drive or attempt to drive a vehicle if you are over the legal alcohol limit. The consequences of a motoring conviction for drink driving can be severe, including a driving ban of at least 12 months, an unlimited fine and even a custodial sentence in more serious cases.

Unlike minor driving offences that may result in a fixed penalty notice, drink driving is a recordable offence that will lead to a motoring conviction, meaning it stays on your criminal record and remains on your DVLA driving record for 11 years from the date of conviction.

A drink driving conviction can impact your ability to gain employment, particularly in roles that require driving. It may also lead to significantly higher insurance premiums and restrictions on travel to certain countries.

Is Having Points on Your Licence Considered a Criminal Conviction?

Having penalty points on your driving licence does not always mean you have a criminal conviction. Many minor driving offences, such as speeding or using a mobile phone while driving, result in fixed penalty notices and penalty points rather than a court conviction.

However, more serious offences that can result in points such as failing to stop after an accident, can also lead to a motoring conviction. If a case is heard in court and results in a conviction, it will be recorded on your criminal record and may need to be disclosed in certain circumstances, such as when applying for jobs or insurance.

Is Speeding a Criminal Offence?

The majority of speeding offences are dealt with via a fixed penalty notice, meaning the driver receives a fine and penalty points without a court appearance or criminal conviction.

However, excessive speeding or repeat offences may lead to a court summons, where harsher penalties such as a driving ban or a criminal conviction may be imposed. In extreme cases, where speeding is deemed reckless or causes harm, it can result in charges for dangerous driving offences. This carries severe criminal penalties, including imprisonment.

Is Driving Without a Licence a Criminal Offence?

Driving without a valid licence is a criminal offence and is taken seriously by the courts. The severity of the penalty depends on the circumstances.

If you simply forgot to renew your licence, you may receive a fixed penalty notice. However, if you were driving without ever having passed a driving test, or while serving a driving ban, you could face a motoring conviction, penalty points, a fine, and even imprisonment.

How Can I Avoid Getting a Criminal Conviction For a Driving Offence?

If you are being prosecuted for a driving offence, your best option is to seek help from a professional motoring offences solicitor. The team at JMW will be able to help you by assessing your situation, informing you of your chances of a successful dispute, and building a case to defend you. We will advise you on how best to proceed following the incident and will gather evidence with you to support your claim. Following this, our expert team of solicitors will represent you in court. 

We may not always be able to remove your charges, but we will always work to reduce them and could help you to retain your licence, pay less in fines and get back on the road as soon as possible