Even for a competent and careful driver, being charged for a motoring offence can happen, due to the vast number of rules detailed in the Highway Code, and the frequency at which they may change. Additionally, drivers may find themselves in unique or difficult situations where they make a wrong call or come across an unexpected challenge, such as road works or a sharp turn onto a speed-limited road.

Drivers must ensure that they take all precautions to abide by the Highway Code - doing so may make dealing with a motoring offence more straightforward.

In the following guide, the motoring offences experts at JMW Solicitors outline everything you should consider if you are in danger of being charged for a motoring offence or already have been.

What happens directly after you commit a motoring offence?

Depending on how the offence was committed, a driver may be given a fixed penalty notice (FPN) detailing their offence and penalties at the roadside, or subsequently after being stopped for an offence through the Post. In addition they may be arrested and taken to a police station if the offence is serious such as dangerous driving or driving whilst disqualified. However, if the offence was caught by a camera then  you may receive a notice of intended prosecution (NIP) andyou will be required to fill it out and return it with the identity of the driver.

If you receive an NIP

If you receive an NIP , you will be expected to respond to it within 28 days as the registered keeper, or your penalties will be made more severe and you will still be charged, with the original offence and a further offence of failing to give information.

If you receive an FPN

If you receive a FPN you will be required to complete the form and return it with your licence or licence information and the fine requested, if accepting the charge. If you are rejecting the offer then you will need to write back notifying the rejection, or some Police Forces ask for the period to time out and do not require a reply.

If you reject your charges, you will be expected to appear in a court hearing to defend your decision. You should note that if you attempt to fight your case and fail to prove yourself innocent or reduce your charges, your penalties can be more severe.

If you are arrested and taken to a police station

If you are arrested by the police and taken to a police station, you will be able to consult with your solicitor about the most suitable next steps to takeYou should be wary of admitting to anything while you are under the supervision of the police as they may be able to use it against your defence in court.

What are the different types of motoring offences?

There are dozens of motoring offences that are considered to be more minor offences. These include those which put other road users at minimal risk and typically act as a slap on the wrist to drivers. Following a minor offence, a driver may be pulled over by the police and given an FPN that details their offence and penalties.

For more major driving offences, a driver may be arrested and taken to the police station. Major offences are typically those where the driver's actions put other road users at significant risk, or where they broke the law excessively and with a complete disregard for anyone's safety, including their own.

Motoring offences may bring the following penalties:

• A fine
• Penalty points on the driver's licence
• A disqualification
• A prison sentence

The following types of motoring offences bring differing penalties, based on the type and severity of the offence:

Careless driving and dangerous driving

Careless driving, also known as driving without due care and attention, is a motoring offence that covers a number of actions a driver can take on the road that may put other people at risk. Some examples of careless driving include swerving, tailgating or failing to switch lanes correctly on a motorway.

If you are charged with careless driving, your penalty can vary significantly depending on the type of careless or inconsiderate driving you committed. You may be given a £100 fine on the spot and three penalty points, or you could receive an unlimited fine and with up to nine points added to your licence. You may also receive a disqualification.

Dangerous driving is a separate offence and specifically covers actions that are more dangerous and put other users in direct danger. Death by dangerous driving is the most severe instance of this type of offence, and can lead to an unlimited fine, a driving ban and a lengthy prison sentence. This can be made more severe depending on factors such as whether the driver was under the influence of drugs or alcohol, or was unlicensed or uninsured.

Document offences

Drivers must ensure they keep their legal documents up to date, and that they have the necessary ones to begin with. These include the drivers licence, insurance documents, road tax documents and an MOT certificate. Otherwise, a driver may be charged with a document offence. Depending on which documents the driver is missing, they may receive different penalties:

●  Maximum fine of £1,000 and up to six points for driving without a licence

●  Unlimited fine and up to eight points for driving without insurance, and in some circumstances disqualification

A driver may also be charged for refusing to present documents when requested. This can lead to a fine and various other penalties, depending on which documents the driver failed to present.

Driving under the influence

Driving under the influence of alcohol or drugs is seen to be a very serious offence in the eyes of the police and the court. Drivers who exceed the alcohol limit can receive a an unlimited fine and a prison sentence, depending on the context of their offence. The same can be said for any drivers with drugs in their system, including cases where a driver has too much of a legally prescribed drug to drive.

To be charged with a drink driving or drug driving offence, the police must present evidence taken from a breath, urine or blood test. The driver can refuse to take the test, but if they are found to be guilty, the driver will also be charged for an additional offence of failure to provide a specimen, which will result in increased penalties.

Failure to provide information and failure to report or stop after an accident

In any case where a driver is involved in a driving offence, the driver must provide information to the police about the event. If the driver fails to do this, they may be charged with a failure to provide information offence. For this, a driver may be fined up to £1,000 and be given up to six penalty points.

Speeding

If a driver breaks the speed limit, their penalty will depend on how far above the speed limit they were when they committed the offence and whether they put any other road users at risk. For a detailed breakdown of how the penalties for speeding offences are calculated, read our guide here.

Totting up

Totting up describes the action of exceeding the 12-point limit within a three year period. For a totting up offence, a driver can expect to be disqualified for a minimum of six months on top of any other penalties for the offences that pushed the driver over the limit.

Using mobile devices while driving

Using a mobile phone or another device while driving is a common but serious offence that is dealt with by the court accordingly. The typical penalty for driving while using a phone is a £200 fine and six penalty points. A driver may be charged with this offence at any point where the vehicle's engine is still running while they are using the device.

What other consequences are there for being charged with a motoring offence?

If you are charged with a motoring offence, you should also be aware of the other indirect costs of it. A motoring offence will be registered on your criminal record, and you must declare this to future employers, insurers, educators and when travelling to certain countries. Additionally, insurers may charge increased premiums or outright refuse to offer you insurance. These factors can make everyday life and moving on from your offence more difficult.

If you have dependents who rely on your ability to drive, or you need to drive to work, you should seriously consider the implications of committing a motoring offence.

What should you do if you are charged with a motoring offence?

The first thing you should do if you receive an NIP, FPN or are arrested by the police is to contact a professional motoring offences solicitor - such as the experts at JMW Solicitors. Our team will advise you on the best steps to take following your offence and will guide you through the entire process of pleading guilty or fighting your case. We will represent you in court and argue your case using evidence and strategies that have led us to recognition as one of the top UK law firms.

For further advice on any aspect of motoring offences, call our team as soon as possible on 0345 872 6666. Alternatively, fill out an online contact form and we will return your call at a time convenient to you.