Knightsbridge Solicitors Motoring Defence specialists can help with the full range of motoring offences including: Speeding; Careless and Dangerous Driving; Document Offences; Drink Driving; Mobile Phone Offences; Driving Without Insurance; Disqualified Driving; Penalty Points Disqualification; Failure to Stop After an Accident; and other allegations.
We can help you combat a driving ban by raising an Exceptional Hardship argument when a driving ban would cause hardship beyond that normally suffered.
We have a strong reputation for handling the most serious motoring offences which carry a substantial risk of imprisonment. We understand the potential implications of these cases and are experts in protecting your interests.
We understand the intricacies of all Motoring Offences from Driving Without Insurance, to Mobile Phone Offences; Drink Driving Offences; Failure to Identify a Driver or Failing to Supply Information; Speeding Offences; and Careless Driving and Driving Without Due Care and Attention.
We handle all Motoring Offence cases to minimise the punishment and, in many cases, avoid disqualification.
Knightsbridge Solicitors expert advice and representation can make a huge difference to your Motoring Offence outcome.
If a driver reaches 12 penalty points in any 3 year period, the Court should in normal circumstances impose an immediate driving ban of 6 months or more. However before imposing the ban the Court should give the Defendant the opportunity to raise an exceptional hardship argument in order to persuade the Court that a ban should not be imposed.
The only circumstances that can prevent a driving ban at 12 points is a finding of exceptional hardship. It is clear that hardship must be beyond that which would normally be suffered by depriving the Defendant of his licence. It is for the Defendant to establish the severity and degree of hardship and it is for the Court to assess the severity of the implications and to decide whether that amounts to “hardship which is beyond that normally suffered”.
It is accepted that when a Defendant loses his licence, hardship will be suffered. However, that would not be regarded as out of ordinary in any particular case and thus would be perfectly foreseeable as a reasonable consequence of the offence committed.
Possibly the most serious of motoring offences with a substantial risk of imprisonment, if convicted. Our team has handled numerous Section 1/Section 2 charges, to include some of the most highly publicised.
Under no circumstances do we recommend that cases of this significance are handled by anybody without specialist knowledge of motoring law.
From a legal perspective, the difference between dangerous and careless driving is not substantial; however, the implications are drastically different.
Third party insurance is compulsory and a failure to have this basic cover is considered an offence. A substantial fine and disqualification are amongst the recommended penalties.
Don’t forget, that just one conviction will have very serious implications. Even if you are not disqualified, when you come to insure your vehicle, your premium will rise drastically because of any insurance related offence.
Many motorists also fail to appreciate that they can be convicted of an insurance offence, even if they are not driving. For example, one of the most common offences is permitting another person to use your own vehicle whilst uninsured.
The offence of using or allowing a vehicle to be used whilst uninsured is becoming much more common. This is not only because Police methods of detection have improved drastically, but additionally, because insurance companies, in a bid to maintain low premiums, are imposing much greater restrictions when considering the terms and conditions of policies, often removing benefits that were regarded as standard in previous years.
There are 2 common scenarios when a driver’s identity must be supplied:
Following an accident if injury is caused to another person or damage, however slight, to another party’s property. In such circumstances, the driver must supply his name, address and the details of the owner of the vehicle, if different.
Details of the driver of a vehicle must be supplied when requested by the Police pursuant to Section 172 of the Road Traffic Act 1988. The registered keeper of a vehicle will receive a Notice of Intended Prosecution when the driver was not formally warned of potential prosecution at the time of the allegation. Typically, this will be for any offence supported by photographic evidence, such as speed camera/traffic signal contraventions
Drink driving has become one of the most serious offences for all drivers and carries automatic disqualification. Repeat offenders risk imprisonment. Specialist advice is always recommended, particularly if there is a dispute on the level of alcohol consumed or the method in which the Police have obtained their evidence.
Our team has amassed extensive knowledge of defending such cases and is able to give you frank and professional advice. We do not condone drink driving but we do appreciate that many motorists simply do not understand how the law works or is enforced. Whilst ignorance is no defence, it can make a difference.
It is a specific offence to use a hand–held phone or similar device, when driving. Most offences will be dealt with by way of 3 penalty points and a £60 Fixed Penalty Notice but if the matter proceeds to a Court hearing, the fine can be as much as £1,000 or £2,500 if you were driving a bus, coach or any heavy goods vehicle.
In some circumstances, for example if use of a phone has caused or contributed to an accident, the Police may prosecute for driving without due care or dangerous driving in order to secure a more severe punishment.
The most common offence committed by the motorist is speeding. Speeding allegations can be resolved in the following ways:
Attending a speed awareness course (at the discretion of the Police)
Accepting a Fixed Penalty of 3 points and £60 fine;
For more serious offences, or disputed cases, attending Court.
The penalty range is from 3–6 penalty points and the current maximum fines are up to £2,500 for motorway offences and up to £1,000 for offences on any other road.
In the most serious cases, where the motorist is either 50% or 30 mph+ above the limit, an instant disqualification can be imposed. With our specialist advice, we can assist you in minimising the punishment and in many cases, avoiding disqualification. Likewise, we can help you in limiting the amount of a fine, and can also guide you through the Court process. Speak to us to establish how we can prepare a defence and/or mitigation argument that gives you the best chance of keeping your licence.
It does make sense to obtain expert advice and representation, as this can make a huge difference to the punishment imposed.
Commonly referred to as careless driving, driving without due care and attention is legally defined as:
“allowing your standard of driving to fall below that of a prudent motorist”.
This offence is often used as a “catch all” by the prosecution and carries 3–9 penalty points or a discretionary disqualification.