Motoring Offence FAQ

Not necessarily — for a straightforward first offence with no existing points and no risk of a ban, you may be able to deal with it yourself. However, if you already have points on your licence, if the charge carries a discretionary or mandatory disqualification, if your employment depends on your licence, or if you intend to contest the charge, specialist legal advice is strongly recommended. A free initial consultation costs nothing and may save your licence and livelihood.

A Notice of Intended Prosecution (NIP) is a formal notice sent to the registered keeper of a vehicle, informing them that the police intend to prosecute for a speeding or road traffic offence. Under s.1 of the Road Traffic Offenders Act 1988, the NIP must be served within 14 days of the alleged offence (or given verbally at the time). If the NIP is not served within 14 days — subject to limited exceptions — it may be an absolute defence to the charge. Do not ignore a NIP; seek legal advice before completing any paperwork.

A Section 172 notice is a requirement under s.172 of the Road Traffic Act 1988 for the registered keeper of a vehicle to identify the driver at the time of an alleged offence. The keeper has 28 days to respond. Failure to respond — or providing a false response — is a criminal offence carrying 6 penalty points and a fine of up to £1,000. Importantly, you cannot refuse to identify yourself on the grounds that doing so would incriminate you (because of the statutory requirement). Before responding, consider taking legal advice in case there are technical issues with the notice itself.

Most standard motoring offences are summary offences heard in the magistrates' court, where there is no right to jury trial. More serious offences — dangerous driving causing death, aggravated vehicle taking, or cases linked to serious criminal charges — may be dealt with at the Crown Court where a jury does decide the facts. The mode of trial is determined by the nature of the offence and, in some cases, the defendant's choice.

A solicitor can appear on your behalf at the magistrates' court for most motoring offences, meaning you do not always need to attend in person. If you fail to appear without prior arrangement, the court may proceed in your absence or issue a warrant for your arrest. If you genuinely cannot attend, contact us immediately so we can make the necessary arrangements.

A standard speeding conviction carries 3 points for Band A offences (up to 10 mph over the limit), 4–6 points for Band B offences (11–20 mph over), or 6 points with a possible short disqualification for Band C offences (21 mph or more over). Where the excess speed is very serious, the court may impose a discretionary disqualification of up to 56 days instead of points.

Speed cameras must be type-approved, correctly installed, maintained and calibrated to be reliable. Most fixed cameras (GATSO, Truvelo) include a tolerance of 10% plus 2 mph — meaning they only trigger when the measured speed exceeds this threshold. However, all cameras can malfunction, be incorrectly positioned, or have calibration records that don't stand up to scrutiny. We routinely request all camera records for the cases we defend and regularly find issues that affect the reliability of the evidence.

Yes — if you are offered a National Speed Awareness Course (NSAC), attending means no points on your licence and no fine. You are typically eligible if you were caught between 10% + 2 mph and 10% + 9 mph over the speed limit, and if you have not attended a speed awareness course in the previous three years. However, the course appearance will be recorded by insurers and may affect your premium. Accept the course offer promptly as it must be taken up within a limited time period.

If you were the driver at the time of the offence, you are personally responsible for the conviction and any penalty points. Your employer as registered keeper will receive the NIP and is required to identify the driver. The points are added to the driver's personal licence, not associated with the vehicle. If your employer does not identify you and accepts liability themselves, that is a separate matter — but it is not a lawful approach and carries risks for your employer.

In England, Wales and Northern Ireland: 35 microgrammes per 100 ml of breath; 80 milligrams per 100 ml of blood; 107 milligrams per 100 ml of urine. In Scotland the limits are lower: 22 mcg/breath, 50 mg/blood, 67 mg/urine. It is not possible to reliably calculate how much alcohol keeps you under the limit as it varies significantly by body weight, metabolism, food intake and other factors. The safest approach is always not to drink and drive.

Yes. The offence under s.5(1)(a) Road Traffic Act 1988 applies to driving or attempting to drive. A separate offence under s.5(1)(b) covers being "in charge" of a motor vehicle while over the limit, even if you were not driving. This can apply if you were sitting in a stationary car with the keys, even if you had no intention of driving. The "in charge" offence carries up to 10 penalty points rather than a mandatory ban, though disqualification is still possible.

The approved roadside drug testing devices (primarily the DrugWipe 5S) screen for cannabis (THC) and cocaine. A positive roadside screen leads to a more comprehensive blood test at the police station, which can test for all 16 specified drugs under the Drug Driving (Specified Limits) Regulations 2014 plus any additional substances the officer may suspect. The blood test is the only test that can provide evidence for a prosecution.

A drink driving conviction creates a criminal record. Many employers require disclosure of criminal convictions, and some professional bodies (medical, legal, financial services) have specific rules. For jobs requiring a professional driving licence (HGV, bus, coach), a drink driving conviction almost always results in loss of the vocational licence. Even for standard driving jobs, a 12-month ban will typically make it impossible to continue employment. Our solicitors can advise on the employment implications for your specific situation.

Most endorsable offences (speeding, mobile phone, no insurance etc.) result in points that remain on your licence for four years from the date of the offence. However, for the purposes of the totting up provisions, they count only within a three-year rolling window. Serious offences — drink driving, drug driving, dangerous driving — result in endorsements that remain for 11 years from the date of conviction. All endorsements must be disclosed to insurers for the relevant period and can increase premiums significantly.

The minimum disqualification for a first totting up ban is 6 months. If you have been disqualified once in the preceding three years the minimum increases to 12 months; if you have been disqualified twice in the preceding three years the minimum is 24 months. These are minimums — magistrates can impose longer bans. However, if exceptional hardship is proved, no ban is imposed at all.

Yes, significantly. Disqualification is one of the most serious factors insurers consider when calculating premiums. A totting up ban will typically cause your premium to increase substantially — often 100–300% — even after the ban period ends. The endorsement remains on your licence for 4 years (11 years for serious offences) and must be disclosed. Some insurers may decline to cover you at all, requiring you to seek specialist high-risk insurance.

Yes. Appeals against magistrates' court decisions are made to the Crown Court, where the case is reheard entirely. Appeals must normally be lodged within 21 days of the original decision. If you appeal against a disqualification and the appeal is not immediately successful, you may apply for the ban to be suspended pending the appeal hearing. This is an important option if the ban would cause you to lose your job immediately.

No. A UK driving disqualification applies to your right to drive in the UK and most other countries. Driving abroad while disqualified in the UK is illegal in most jurisdictions and would be a criminal offence under UK law if you do so. The EU Driving Licence Directive provides for mutual recognition of disqualifications between EU member states. Even in non-EU countries, driving while disqualified can lead to arrest and prosecution under local law. Do not drive until your disqualification period has ended and your licence has been restored.

Most motoring offences are heard at the magistrates' court. There are typically between one and three magistrates (or a district judge sitting alone). The prosecution presents its evidence; if you plead not guilty, your solicitor cross-examines prosecution witnesses and presents your defence. Sentencing follows either a guilty plea or a guilty verdict. The whole hearing for a straightforward matter may take 20–45 minutes, though contested hearings typically take longer. A solicitor can attend on your behalf in many cases so you do not need to be present.

Immediately. We can take on cases at any stage — even if your court hearing is tomorrow. Call 0800 999 7777 and a solicitor will assess your case immediately. For emergency police station situations, we can be instructed within minutes. We regularly accept last-minute instructions and have a system specifically designed for urgent cases.

Legal aid is very rarely available for standard motoring offences. It may be available for the most serious road traffic offences — such as causing death by dangerous driving or causing death by careless driving whilst under the influence — where the defendant is at risk of imprisonment and meets the financial eligibility test. For the vast majority of motoring cases, clients pay privately. We offer fixed fees, transparent pricing, and free initial consultations to ensure cost certainty.