Road Traffic Offences

Our team of solicitors are specialised in dealing with all road traffic offences including speeding, using a mobile phone whilst driving, drink driving, careless or dangerous driving, failure to stop, no tax disc, no insurance, MOT and other miscellaneous offences.

If you would like a free 30-minute consultation to discuss your case, please contact our friendly Northampton practice on 01604 603040.

Fixed Penalty, Totting up and Disqualification

Most road traffic offences result in penalty points being endorsed on your driving licence. If you receive 12 or more points within a 3 year period then the Court may disqualify you from driving for at least 6 months. However, it is possible to avoid or reduce the disqualification if you are able to show that it would cause exceptional hardship. This is decided at the discretion of the Magistrates. To lose the use of your vehicle for work or pleasure would not only be inconvenient, in many cases it may result in loss of earnings and may have an impact on your home life.

We understand the need to protect your licence. We can present your case to the Magistrates and as a result of our extensive experience we are not only cost effective but also provide comprehensive advice and representation.

Please contact Edward Smyth at our office who is very experienced in dealing with such matters. Our expert assistance could make the difference between you losing your licence or not.

Driver Offences

Speeding

With the ever increasing use of speed cameras, it is easy for the most careful of drivers to be caught speeding. A minimum of 3 points will be automatically imposed, and there is always the risk of additional points as well as a ban in more serious cases. E.g if you are caught driving 20 or 30 miles above the speed limit.

Mobile Phones

The use of a handheld mobile phone will automatically result in your licence being endorsed with 3 points. If you have an accident while using your phone, you could be prosecuted for more serious offences, such as careless or dangerous driving. Please read on for further information on these offences.

Drink Driving

If you are convicted of driving with excess alcohol, you must be disqualified from driving for at least 12 months. Usually, the higher the level of alcohol, the longer the disqualification period will be.

A second conviction of driving with excess alcohol within 10 years will result in you being disqualified from driving for at least 3 years.

However, if the Court finds that there are special reasons, you may be disqualified for a shorter period of time or not at all.

The court also has the power to imposes a prison sentence for this offence.

A special reason is one connected to the offence itself as opposed to you. We can present your defence to the Court on your behalf.

Careless Driving

Many road traffic accidents result in a prosecution for careless driving or driving without due care and attention. More serious incidents may result in a prosecution for dangerous driving (please see below). The test applied in careless driving is whether or not you have driven in a reasonable, prudent and competent manner. A conviction could arise from the most minor of “bumps” and drivers should never be complacent about such matters, especially as the offence carries up to 9 penalty points and a possible disqualification from driving.

Dangerous Driving

This is a serious driving offence, which carries a substantial risk of imprisonment and automatic disqualification. Therefore, immediate legal advice should be sought.

The Court will decide whether you have driven dangerously, depending upon the facts of your case. We can present your facts to the Court by careful preparation of your case and expert cross-examination.

Failing to Stop or to Report an Accident

Not only is there an obligation to stop your car after an accident and to exchange personal details, but the incident should also be reported to the police without delay. A conviction for failing to comply with these legal requirements means that your licence will be endorsed with between 5 and 10 penalty points, a fine will be imposed and the Court can also consider disqualifying you from driving or even, in the most serious of cases, sentencing you to a term of imprisonment.

Vehicle Offences

These offences include no MOT certificate, defective steering, faulty brakes and faulty or defective tyres.

Mot

You are committing an offence if you use a vehicle which needs to have an MOT certificate and does not have a current or genuine certificate. It can carry a fine of up to £1000.

Tyres

It is illegal to drive a vehicle with a bald tyre or one with insufficient tread covering three quarters of the breadth of the tyre. This offence would result in 3 penalty points being endorsed on your driving licence and a fine.

Brakes

An offence is also committed if brakes are not in good and efficient working order. Your driving licence would be endorsed with 3 penalty points and a fine would be imposed.

Construction and Use Regulations

There are numerous other obligations on drivers under these regulations to ensure the safety of vehicles on the road and also the use of vehicles. These requirements are very diverse and not only cover such matters as brakes and tyres, but also mirrors, exhaust emissions, speedometers and the use of mobile phones, to name but a few. We would be able to advise you in connection with any difficulties or prosecutions resulting from the breaches of these regulations.

Vehicle Tax

It is compulsory to have your vehicle taxed before it can be used on the road. A conviction for failure to do so would result in payment of the tax owed and a fine.

Miscellaneous

There are numerous other offences arising from failure to comply with the legal requirements relating to the driving of commercial as well as vehicles for domestic use. We would be happy to advise and assist you in connection with any prosecutions you may face for such offences.