A conviction for drink driving carries serious penalties, including mandatory disqualification for at least 12 months, an unlimited fine or up to six months’ custody. Sentencing depends heavily on the alcohol reading: lower levels may result in a fine or community order, while readings over 120µg in breath have a starting point of 12 weeks’ custody.
Defences may include disputing that you were driving, challenging police procedure, questioning the reliability of the breathalyser or blood analysis, or advancing ‘special reasons’ to avoid disqualification. If conviction cannot be avoided, we prepare robust mitigation to minimise the ban, and completing an approved drink-drive rehabilitation course can reduce it further.
It is an offence to drive if you are unfit through drugs or if blood tests show certain levels of controlled substances. This applies to both illegal drugs and prescription medication if it impairs your ability to drive safely. Police can use roadside tests for cannabis and cocaine, field impairment assessments, and may require a blood or urine sample at the station.
A conviction brings a mandatory 12-month ban, an unlimited fine, and up to six months’ custody. The sentence will depend on the type and level of drug involved and the circumstances of the offence.
Defences may include errors in testing, misapplied statutory limits, or lawful use of prescription medication. In some cases, it may also be possible to argue special reasons to avoid disqualification — for example, where you unknowingly consumed a drug or were otherwise not at fault.
It is an offence to be “in charge” of a vehicle on a road or in a public place whilst over the prescribed limit, even if you were not driving. There is a statutory defence if you can show, on the balance of probabilities, that there was no likelihood of you driving whilst still over the limit.
Magistrates will always scrutinise the facts: your position in relation to the vehicle, the location of the keys, the credibility of your stated plans, the time and location, and how long it would take to fall below the limit. In defending these cases, we gather corroborating evidence (witness statements, messages, receipts), test procedural compliance and device reliability, and, where helpful, instruct forensic alcohol back-calculation. Sentencing depends on the reading and circumstances. The court may disqualify; if not, 10 points are imposed. Outcomes range from a fine to a community order, up to three months’ custody at the top end.
It is a criminal offence to refuse, or be unable, to provide a breath, blood, or urine specimen when required by police, unless you have a reasonable excuse. Courts treat this as seriously as drink or drug driving, as refusal is often seen as an attempt to evade providing an evidential reading.
Penalties include a mandatory 12-month ban, a fine of up to £5,000, community service, or up to six months’ custody. In some cases, “special reasons” can avoid disqualification — for example, a genuine medical condition or emergency.
Careless driving occurs when a person’s driving falls below the standard expected of a competent and careful driver. It is sometimes referred to as driving without due care and attention and often includes following too closely, failing to give way, unsafe manoeuvres into another vehicle’s path, or avoidable distractions such as mobile phone use or eating at the wheel.
The court may impose 3–9 penalty points, a fine, or a discretionary disqualification. For drivers who already have points on their licence, this can take them to 12 or more points and trigger an automatic six-month totting-up ban. In such cases, we can represent you in making an Exceptional Hardship application to ask the court not to impose the disqualification.
Dangerous driving is where a person’s driving falls far below the standard expected of a competent driver and creates an obvious risk to others. It is one of the most serious motoring offences and can lead to an immediate ban, a substantial fine, or imprisonment.
Examples include grossly excessive speed, racing, ignoring traffic signals, dangerous overtaking or tailgating, driving while impaired by drink, drugs or fatigue, and using a vehicle that is clearly unsafe or overloaded.
Defences often focus on whether the driving truly met the threshold for “dangerous,” with arguments that it should be considered “careless” instead. Other strategies may include challenging witness accounts, questioning the prosecution’s reconstruction of events, or raising sudden medical episodes that reduce culpability.
This offence is prosecuted where a person’s driving falls far below the standard expected of a competent driver and results in the loss of life or in serious injury. The maximum penalty is 14 years’ imprisonment in fatal cases and up to 5 years where serious injury is caused, together with extended disqualification and a requirement to pass an extended re-test before driving again.
Defences may focus on whether the driving truly reached the threshold of “dangerous,” whether causation can be proved, or whether another factor contributed to the outcome.
This offence arises where driving falls below the expected standard and results in the loss of life or serious injury. The maximum penalty is 5 years’ custody for a fatality and 2 years where serious injury is caused. Disqualification is mandatory, and the court may also require an extended re-test.
Cases often hinge on whether the driving was truly “careless” or simply a momentary lapse. Our approach is to challenge the prosecution’s evidence rigorously, examining accident data, witness evidence, and procedural compliance, while presenting persuasive mitigation so the court understands the case in its proper context.
Speeding is one of the most common motoring offences. The minimum penalty is a £100 fine and three points, but serious cases can lead to a court summons and harsher penalties. Driving at 101mph or more on a motorway, for example, carries a starting point of disqualification under the sentencing guidelines.
Many clients come to us after receiving a Notice of Intended Prosecution when they already have points on their licence. Admitting the offence can push them to 12 or more points and trigger the automatic six-month totting-up ban.
We help clients complete the paperwork correctly, and, where disqualification would otherwise follow, prepare an exceptional hardship application to ask the court not to impose the ban.
This offence is committed by failing to identify the driver after a lawful section 172 request (usually following a NIP). You must respond within the stated period (typically 28 days); late, incomplete, or unsigned replies are treated as non-compliance.
If you are the registered keeper, you may have a defence if you can show that you exercised reasonable diligence in trying to identify the driver. If you are not the registered keeper, you may defend the case if it was not reasonably practicable for you to provide the information. Another possible defence is where the notice never actually reached you — for example, if it was lost in the post or sent to the wrong address. In such cases, we would need credible evidence to rebut the legal presumption that it was delivered.
The court will typically impose six penalty points (MS90) and a means-tested fine. In serious or deliberate cases it may impose a short disqualification instead. If adding six points takes you to 12 (totting-up), you’ll need to apply for Exceptional Hardship to avoid the automatic six-month ban.
If you accumulate 12 or more penalty points within three years, the court must impose a six-month disqualification under the totting-up rules. The only way to avoid this is by making an Exceptional Hardship application.
You must show that a ban would cause consequences beyond the ordinary, such as loss of employment, serious impact on dependants, or difficulties meeting essential medical needs.
Courts apply these rules strictly and expect credible evidence. We specialise in preparing these applications, anticipating prosecutorial challenges, and thinking creatively where needed.
It is illegal to use a hand-held mobile phone or similar device while driving. This covers making calls, texting, or using apps — even if stopped in traffic or at lights. The standard penalty is six points and a £200 fine, which can mean an automatic licence loss for new drivers. In court, fines can be higher and a discretionary ban imposed.
For professional drivers, the consequences are often severe, as many employers and licensing bodies will not allow work to continue once six points are endorsed.
You may be able to defend the allegation if you were handling another object rather than a phone, or if the device was being used entirely hands-free. In rare cases, using a phone to call 999 in an emergency may also provide a defence. Where a conviction cannot be avoided, it may still be possible to argue Exceptional Hardship to prevent a driving ban if the points would take you to 12 or more.
Driving while disqualified is treated as a serious offence because it involves breaching a court order. Penalties can include a further period of disqualification, a substantial fine, community service, or, in more serious or repeat cases, imprisonment.
Cases often arise from roadside stops or cameras, and some drivers are banned in their absence without realising. When sentencing, the court will look at the length of the original ban, the extent and purpose of the driving, and whether there are previous convictions.
Under section 143 of the Road Traffic Act 1988, it is an offence to drive without valid insurance — even if you believed you were covered. Penalties range from a £300 fixed penalty and six points to an unlimited fine, disqualification, and possible vehicle seizure.
A statutory defence may apply if, for example, you were unknowingly driving your employer’s uninsured vehicle. In other cases, the court may accept “special reasons” not to impose points or a ban, such as where you reasonably believed insurance was in place or a policy was cancelled without notice.
If you are involved in an accident that causes damage or injury, the law requires you to stop and give your details. If this cannot be done at the scene, the incident must be reported to the police within 24 hours.
Failing to stop or report is treated seriously. Penalties range from points and a fine to disqualification, and in the most serious cases up to six months’ custody. The sentence depends on factors such as the level of damage or injury, the delay in reporting, and any previous convictions.
Defences may be available — for example, if you were genuinely unaware that an accident had occurred. In other cases, it may be possible to argue “special reasons” to avoid disqualification.
