We deal with all motoring matters which include guilty pleas, trials and sentences but there are also a number of applications or proceedings which are specific to motoring based offences.
Motoring Matters We Can Assist With
If a driver received 12 or more penalty points within a 3 year period then they will fall under the Totting Up provisions. This means they will be disqualified for a period of 6 months.
The only way to avoid this is to put forward, and be successful, in an Exceptional Hardship application.
This will involve a contested hearing requiring evidence to be adduced and submissions made. It is, in effect, a miniature trial.
Exceptional hardship is the hardship which would befall you and/or your family should you be disqualified for a set period of time.
To be successful it needs to be evidenced to the Court that there is exceptional hardship and, given the existence of exceptional hardship, that the Court should use their discretion not to disqualify (or disqualify for a shorter period than 6 months).
The most common type of hardship to be raised before the courts is loss of employment. By its very ubiquity, loss of employment alone is not exceptional. An Exceptional Hardship application on this ground alone will not be successful.
Other examples of hardship can include debts, mortgages etc and their knock on effect on family members, dependants or employees.
The reasons as to why you had committed the offences resulting in the penalty points and mitigation around the offences themselves will not be considered by the Court.
What the Court need to be shown is what takes your case out of the ordinary. Is there an additional element which may involve reflected hardship of a serious kind upon your family or your long term future prospects.
The hardship must be unavoidable in the face of a disqualification and there should be evidence submitted to the Court in support of this. You will be expected to give evidence in this regard.
A newly qualified driver is someone who has held a licence for 2 years or less.
They will have their licence revoked if they obtain 6 points or more within that 2 year period. Exceptional Hardship is not available to newly qualified drivers.
Under section 2(1)(f) of the Road Traffic (New Drivers) Act 1995 if the dates of the offence(s), which result in 6 or more penalty points, fall within the new driver period the licence will be revoked.
Revocation means that the driver will need to retake both their theory and practical tests.
Both convictions for excess alcohol (drink driving) or drug driving carry with them mandatory disqualification from driving.
The only avenue to avoid disqualification for these offences is to put forward, and be successful in, a Special Reasons argument.
This will involve a contested hearing requiring evidence to be adduced and submissions made. It is, in effect, a miniature trial.
A Special Reason is set out in 4 conditions;
It must be a mitigating or extenuating circumstance
It must not amount in law to a defence to the charge
It must be directly connected with the commission of the offence
The matter is one which the court ought properly to take into account when imposing punishment.
The most common Special Reasons to be raised are;
- Emergency
- Shortness of distance driven
- Spiked or laced drinks
Each will require supporting evidence such as witness statements and/or medical/forensic evidence.
Fail to provide driver details (Section 172 - fail to furnish)
Section 172 of the Road Traffic Act 1988 is a formal legal requirement.
That legal requirement allows the Police to request information from the registered keeper of a vehicle to identify the driver of the vehicle at the time of an alleged offence.
The Police will send out a s172 notice, usually accompanied with a Notice of Intended Prosecution (NIP), when they believe your vehicle or a vehicle associated to you has been involved in an alleged offence, such as speeding.
What must I do when I receive one?
If a s172 notice has been sent to you, you must reply to it. Even if you were not the driver of the vehicle at the time of the alleged offence or even dispute the alleged offence, the fundamental requirement is that you respond.
If you were the driver of the vehicle at the time of the alleged offence, then you provide your details as requested on the notice.
If you were not the driver of the vehicle at the time of the alleged offence, you must state that and provide the details of the individual who was driving at the time of the alleged offence.
If you do not know who the driver at the time of the alleged offence was, you must explain why you do not know who the driver was and explain the efforts you have made to ascertain the identify of the driver.
You have 28 days to respond to the s.172 notice, failure to respond in that time will result in you being summonsed to court for failing to give information relating to the identification of the driver contrary to section 172(3) of the Road Traffic Act 988 and Schedule 2 to the Road Traffic Offenders Act 1988.
But I didn’t see the notice?
The notice is deemed served as soon as it has been posted by the Police to your last known address available via the DVLA database.
It is not a defence to claim that the notice was sent to an old address if you have failed to update the DVLA with your new address. It is also not a defence to argue that you were on holiday or away from your property when the notice was sent.
But I am not the registered keeper of the vehicle?
It is important to note that the legal obligation to provide the identify of a driver goes beyond simply being the registered keeper of the vehicle. It extends to any other person who has the power to give any information leading to the identity of the driver.
Examples of other individuals/entities that may receive a s172 notice;
- Those who are insured on the vehicle, such as spouses or other family members.
- Directors or other office personal if the vehicle is registered by a company
- An individual who has just recently sold their vehicle to another
- A body corporate/company
Are there any defences?
Yes, there are potential defences that can be raised;
The information required is not within your power to give. This may arise if you are able to show that you did not know and could not with reasonable diligence ascertain who the driver was.
The notice was sent to an incorrect address. If you have updated your driver details via the DVLA and the notice has been sent to an old address or an incorrect address, then you may have a defence of reasonable excuse.
You have provided the information as soon as reasonably practicable after the 28-day deadline to the Police. It may be a defence if you have provided the correct driver details just outside of the 28-day deadline.
Sentencing
If you plead guilty, or are convicted following a trial, you will receive a financial penalty of up to £1,000.00. There are also driving implications for this offence, the Court can impose 6 penalty points on your licence or a discretionary driving disqualification.
The power of the Court to impose penalty points or disqualify does not apply to a body corporate.
Legal Aid may available depending on your means and the type of motoring offence(s). [link to funding pages]
Legal Aid may available depending on your means and the type of motoring offence(s). [link to funding pages]
Our Criminal Law Specialists
Our Motoring Offences department is composed of dedicated specialists committed to providing expert legal support.
