We can advise and represent those being prosecuted for traffic offences, facing penalty points, a driving ban or even prison. We also regularly assist drivers, businesses and organisation's in the transport industry, such as taxi, private hire, bus and HGV drivers and operators in dealing with a wide range of regulatory issues. By way of example we appear before the Traffic Commissioner for both drivers and operators.
Motoring offences can potentially have devastating consequences for individuals particularly in those situations when the motorist clearly had no intention of doing anything wrong. This can be due to the seriousness of a particular incident, or where there has been a minor violation, but in the context of a motorists overall driving record the implications are far reaching. The accumulation of penalty points can result in a mandatory or discretionary driving disqualification or automatic revocation of your driving licence under the ‘totting-up’ and ‘new driver’ provisions. The result of losing the ability to drive can have severe consequences to your continued employment and personal situation. For certain more serious offences, the courts can also impose a custodial sentence.
In recent years there has clearly been a targeted increase in the enforcement of motoring offences and the amendments to the law mean tougher penalties are now given to motorists who fail to comply. When you are alleged to have committed a motoring offence or are, charged or prosecuted, it is important you fully understand everything about what is alleged against you and the options available. Our specialist team can help with that.
- Careless driving (driving without due care and attention)
- Dangerous driving
- Causing serious injury by dangerous driving
- Death by dangerous driving
- Failing to stop after an accident
- Failing to report an accident
- Failing to identify the driver
- Drink driving
- Drug driving
- Failing to provide a specimen
- Driving whilst disqualified
- Causing serious injury when driving whilst disqualified
- No driving licence
- No insurance
- No MOT
- Using a mobile phone
- Drivers hours and tachograph offences
- Excess weight
- Using a vehicle in a dangerous condition
How we can help:
- Advising on Notices of Intended Prosecution (NIP)
- Advising and representing at police interview
- Advising on Single Justice Procedure Notices (SJPN)
- Advising and representing at Court Hearings:
- Exceptional Hardship arguments
- Mitigation on sentence following a guilty plea
- Special Reasons arguments
- Advising and representing at Traffic Commissioner Driver Conduct Hearings
If you are suspected of a motoring offence, we recommend you seek legal advice at the earliest opportunity. The team’s early intervention has in some instances stopped an investigation from progressing to a prosecution before the Courts. If you have been charged with an offence, we recognise it is a daunting experience and will do our best to help.
Where appropriate, some aspects of case preparation work and routine communication with clients or other parties (such as the police or the courts) may be delegated to our Paralegal, Kirsty Chaplin. Kirsty has a first class honours law degree from the University of Law and has worked exclusively on criminal defence and motoring offence cases since joining Leathes Prior in August 2022, working under the direct supervision of Howard Catherall.