Motoring and Driving Offence Solicitors
At JMW, our driving offence solicitors will do everything within their power to protect and preserve your driving licence and liberty. We represent private individuals nationwide who are facing a whole array of criminal driving offences, ranging from (but not limited to) speeding, drink/ drug driving, failing to provide a specimen, using mobile phones whilst driving, no insurance, and failing to give information, to careless driving, dangerous driving, causing serious injury by careless/ dangerous driving, and causing death by dangerous/ careless driving.
Our dedicated team of motoring offence solicitors is committed to providing expert advice and assistance to drivers in the UK when defending against criminal motoring prosecutions. If you have been accused of one or more road traffic offences and need legal advice, we are here to support you.
To contact our team of specialists and to find out how we can help, call us for free on 0345 872 6666, or complete our online enquiry form and we will get back to you as soon as we can.
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What Our Clients Say
How JMW Defends Motoring Offence Charges
JMW’s motoring offence solicitors understand how important it is for you to stay on the road and avoid getting penalty points on your licence. Our team has significant experience defending clients and preserving their ability to drive, and we have helped many clients to successfully avoid a driving ban or criminal conviction when they were accused of a road traffic offence. Our services have been recognised by the Legal 500 and the Chambers & Partners guides, and we have received several industry accreditations in recognition of the care, attention and service we provide for all our clients.
For many motorists, the ability to properly manage their work, family and social life is heavily dependent on their ability to drive. A driving licence is often someone’s lifeline, assisting through times of mental and physical hardship.
A motoring conviction could change your life, but our specialist motoring offence solicitors have the experience to support you. We are renowned throughout England and Wales for our professionalism, ability to handle difficult and emotional situations, technical approach, and track record of successful results. We also have unrivalled expertise providing assistance, advice and representation to HGV and PSV operators, their transport managers and professional drivers throughout the logistics and passenger transport sectors.
Whether you have been accused of committing a motoring offence, such as causing serious injury or death by careless or dangerous driving, or you need to respond to a Notice of Intended Prosecution (NIP) for a speeding matter, our motoring specialists are here to help. We can support you if you are being interviewed in relation to a road traffic accident, are a suspect in relation to a possible criminal motoring allegation or have been charged with committing a motoring offence.
Our expert motoring solicitors also offer a fixed fee service for driving offence representation, which can help you to secure an appropriate defence more cost-effectively.
Meet Our Expert Team of Driving Offence solicitors
Our specialist motoring offence solicitors have helped many clients to successfully avoid a driving ban or criminal conviction when they were accused of major or minor motoring offences. This includes successfully mounting exceptional hardship arguments, presenting mitigating factors and building a strong defence.
Case Studies
Custodial Sentence Avoided – Serious Injury by Dangerous Driving and Drink Driving
JMW successfully prevented an immediate custodial sentence of up to 5 years for a client charged with two counts of Causing Serious Injury by Dangerous Driving, thanks to extensive mitigation efforts.
Speeding – Excessive Fine Reduced for Footballer Client
JMW Solicitors successfully appealed a 6-month driving disqualification for a client, reducing it significantly by demonstrating exceptional hardship.
Types of Driving Offences
The motoring offence solicitors at JMW have helped those accused of committing the following offences:
Even where no technical defences are available or where a disqualification from driving is the minimum sentence, our motoring lawyers have successfully prevented convictions and delivered a positive outcome for our clients.
How Much Do Motoring Solicitors Cost?
The costs of representation by a solicitor for driving offences vary on the nature of the charge. To get an idea of the costs involved, take a look at our Fixed Fees page. For a more accurate understanding, get in touch with one of our solicitors by calling 0345 872 6666, or complete our online enquiry form and we will get back to you as soon as we can.
Is legal aid available?
Legal aid may be available for defending some motoring offences in England and Wales, depending on your financial circumstances and whether the case is serious enough to justify publicly funded representation.
For speeding offences or document offences (such as failing to provide driver details), legal aid is often not available because the case is not serious enough. It is more likely to be available where there is a real risk of a prison sentence, a complex legal issue, a serious allegation such as dangerous driving, or where the outcome could have a major impact on the defendant. Speak to JMW's specialist solicitors for advice on whether legal aid is available in your case and the other funding options that may be available.
FAQs About Driving Offences
- How long does the process of defending your driving licence take?
The beginning depends on the police, who have six months to start the process for summary offences in the Magistrates Court. It may then be seven or eight months before you actually attend court for your hearing. For guilty pleas, hearings typically last 30 minutes, but for non-guilty pleas, they can last much longer, and this can then depend on the amount of evidence brought forward, with a number of hearings in court.
- What qualifications does the team hold?
When employing the services of a law firm, it’s important to know that the solicitors you request help from are trustworthy, experienced, and able to effectively help you.
JMW is recognised by The Legal 500 and the Chambers & Partners guide, and has many more credits with the Solicitors Regulation Authority (SRA), and other awards from law websites and award institutions. You can also view our testimonials to learn more about how we have helped people in your position.
- What are the key stages in entering a guilty plea?
If you choose to plead guilty, the court will first look into whether you have had any previous convictions or disqualifications. If you have had two or more for a period of 56 days or more, within the last three years, you will receive a mandatory minimum two-year disqualification. You may have to attend a hearing, depending on the severity of the charge.
JMW Solicitors offers a ‘fixed fee’ service designed to assist you in preparing detailed and effective mitigation aimed at persuading the court to exercise leniency when imposing the penalty. Further information regarding ‘fixed fees’ can be found on our Motoring Solicitor fees page.
With our ‘fixed fee’ service, we offer the following:
- Telephone conference/personal meeting with your solicitor
- Representation at the hearing by either a partner or an expert motoring law barrister
- A full pre-hearing briefing with regards to court procedures and what to expect at court
- A conference with your legal representative on the morning of the hearing
- A full post-hearing debriefing (to discuss the penalty imposed, the implications and any further options that may be available to you)
If you are facing a driving charge and need legal help - call our specialist motoring solicitors on 0345 872 6666 today.
- What is a Notice of Intended Prosecution?
A Notice of Intended Prosecution or NIP is designed to inform you that you may be prosecuted for a driving offence. The police must send you a NIP through the post within 14 days of an alleged offence if they intend to prosecute you, if you are the registered keeper. Alternatively, this notice can be given verbally at the time of the incident, in cases where you are pulled over.
It is important to note that prosecution is not a certainty at this stage - the NIP is the first stage, and simply informs you that the police may decide to prosecute. It is also an opportunity to inform the police if you were not driving the vehicle at the time of the incident, in which case you will also need to name the driver.
You should not panic if you receive a NIP. Instead, contact a solicitor to discuss your circumstances and the options available to you. The team at JMW Solicitors can explain how your case is likely to proceed and provide the legal services you need to defend yourself.
If your NIP is followed by a fixed penalty notice or a court summons, this indicates that the police intend to prosecute and, at this stage, it is vital to seek legal representation. There can be very serious consequences for even minor incidents, especially if you are a new driver. For more serious offences, you could face a driving ban or even lose your driving licence.
- What is a Section 172 notice?
A Section 172 notice is a formal request for information about who was driving a vehicle at the time of an alleged road traffic offence. It is issued under section 172 of the Road Traffic Act 1988 and is commonly sent to the registered keeper of a motor vehicle after offences such as speeding, red light offences or careless driving.
The registered keeper must identify the driver, or provide any information they can that may help the police to identify the driver, within 28 days. Failing to respond, or giving false information, is a separate offence. It can lead to six penalty points, a fine and higher insurance costs. In serious cases involving false details, it can also lead to prosecution for more serious offences, such as perverting the course of justice.
- What is a Single Justice Procedure Notice?
If you have been caught speeding or accused of motoring offences such driving with no insurance or no MOT, or failing to identify a driver, you may receive a Single Justice Procedure Notice (SJPN). This means the case can be decided by one magistrate based on the evidence, without a court hearing.
The Single Justice Procedure Notice asks the defendant to plead guilty or not guilty. If the person pleads guilty, the magistrate can usually sentence them without anyone attending court. If they plead not guilty, the case will be moved to a normal Magistrates’ Court hearing.
Ignoring a Single Justice Procedure Notice is risky. The court can still deal with the case in the person’s absence, which may lead to a conviction, fine, penalty points or disqualification without you having a chance to put forward your version of events.
- What if I don't receive a NIP within 14 days of an alleged offence?
If the police do not send a NIP within 14 days, they may no longer be able to prosecute. As such, if you (or the vehicle's registered keeper) do not receive a NIP within 14 days, but the police notify you later of their intention to prosecute, you should speak to a solicitor.
How should I respond if I don't know who was driving my vehicle?
If you are the registered keeper of your vehicle and it is involved in an alleged offence that the police intend to prosecute, you will receive the NIP at your registered address. If you were not driving the vehicle at the time, you must identify the driver at this stage, but this can be difficult if you were not in the vehicle and do not know who was driving.
In these cases, it is your responsibility to make a concerted effort to find out who was driving - as the registered owner of the vehicle, this is your legal responsibility. If you do not respond to the NIP or cannot identify the driver, the police may prosecute you for failing to provide this information. As such, it is important to seek expert legal advice in such cases.
- What if the police say that they want to speak to me about a driving incident?
If you are invited to attend an interview with the police or another investigating authority about a driving incident, you should contact a solicitor. Whether you are a witness, a suspect or a victim, it is important to have expert legal representation to ensure your best interests are taken care of during an investigation.
- If my case goes to court, will I be disqualified?
The penalties you could receive if you are prosecuted for one or more motoring offences depend heavily on your circumstances and those of your case. If the incident is your first offence or your crime is relatively minor, you are unlikely to receive the maximum sentence.
If you are found guilty of committing a serious offence, you may be disqualified from driving for a set period of time. For a better idea of the potential consequences you could face, seek legal advice from expert motoring solicitors like those at JMW.
- What happens if I drive while disqualified?
Driving whilst disqualified is a distinct offence under offence code BA10 that comes with its own penalties. It is considered more serious than driving without a licence, because the person is knowingly driving despite a court-imposed disqualification. The offence can be dealt with in the Magistrates’ Court or, in more serious cases, the Crown Court, and sentences can include a fine, community order, further disqualification, penalty points, or imprisonment. The maximum sentence is usually six months’ custody in the Magistrates’ Court, or up to two years if dealt with in the Crown Court.
- What is exceptional hardship?
If you have accumulated 12 or more penalty points on your driving licence, you could be facing a ‘totting up disqualification’ of between 6-12 months.
Exceptional hardship arguments provide the ability to avoid such disqualification, due to the hardship incurred by the defendant and those who defendant on them which extends beyond normal day-to-day inconvenience.
For exceptional hardship arguments to be successful, preparation is key. The courts are becoming more strict in their application of the law surrounding exceptional hardship, and thus it is essential that should you wish to keep your licence despite the accumulation of points, you understand the implications of the argument and can present your best possible case.
- What is a special reasons defence?
A special reasons argument is not a defence, but is an argument made after a guilty plea or conviction that asks the court not to impose the usual penalty. Certain special reasons exist that can reduce penalties in the right circumstances, and may include:
- Evidence that you were driving in a genuine emergency;
- Proof that you unknowingly drank a spiked drink, in a drink-driving case;
- Showing that you drove a very short distance in limited circumstances; or
- Arguing that you had a genuine and reasonable belief that insurance was in place (in relevant cases).
It is different from exceptional hardship, which asks the court not to impose the typical penalties because of the life-changing consequences it may have for other people. Special reasons focus on the circumstances of the offence itself, but it may be a valid approach to your defence under the right circumstances.
Talk to Us
If you have an issue you'd like to discuss with our motoring offence solicitors, please don't hesitate to call JMW on 0345 872 6666. Alternatively, fill in our online contact form and someone will be in touch as soon as possible.