Motoring Offences

The Motoring Offences team have extensive experience in relation to advocacy and the preparation of cases. In matters involving motoring offences, attention to detail and persuasive argument is necessary.

What Are Motoring Offences?

Most motoring offences are covered by the Road Traffic Act 1988 and the Road Traffic Offenders Act 1988. Motoring offences are typically classed as either dangerous driving or careless driving. Some examples include:

• Speeding
• Ignoring traffic lights or road signs
• Driving under the influence
• Driving when unfit, for example with poor vision or while overtired
• Knowingly driving an unsafe vehicle
• Distracted driving, for example driving while texting
• Driving too closely to another vehicle
• Overtaking dangerously or on the inside
• Document offences, which include driving without an adequate driving license, insurance or an MOT.

Where a motoring offence is committed by an HGV or PSV driver or operator, the case may be referred to the Traffic Commissioner’s office.

Motor Fraud

For the Court to refrain from imposing a disqualification, a cogent and robust argument needs to be presented to the satisfaction of the Court. Therefore, a combination of effective advocacy and supporting evidence goes a long way in satisfying the Court that the hardship is exceptional. A motoring offence barrister can help with issues relating to motoring fraud, including car insurance fraud.

What Happens When a Motoring Offence is Committed?

If you are caught committing a motoring offence by a speed camera or number plate recognition camera, the police will send you a notice of intended prosecution (NIP) via post. The NIP must be filled out and returned within 28 days. Depending on the type and severity of your offence, you may be offered a speed awareness course or a conditional fixed penalty involving points on your license and a fine. Or, your case may be referred to Court, and you’ll be requested to plea guilty or not guilty.

You may be unsure of how to respond to a NIP, or think it’s incorrect. In this instance, we advise speaking to a driving offence barrister who can help you understand the claim. You can refute an accusation by requesting a Court date, but be sure to seek legal counsel from a specialist driving offence barrister before attending Court.

In the case of committing a serious motoring offence, you may be arrested and interviewed by the police. In this instance, it’s vital to appoint an experienced driving offence barrister and have them present during any interview or Court hearing. If convicted, you could face a serious fine, prison sentence or driving ban, so hiring a motoring offence barrister is crucial.

Do I Need a Driving Offence Barrister?

If you are accusing another party, or are accused yourself, of driving unlawfully, you should seek the advice of a driving offence barrister. St Pauls Chambers’ motoring offence barristers have an exemplary record of success when it comes to reaching the desired result in these cases. By appointing an experienced driving offence barrister early on, you have the best chance of success. Our comprehensive services are offered through instruction from solicitors or can be obtained directly.