Motoring prosecutions are a common occurrence and while many alleged offences can be seen as minor, others are more serious and can have life-changing consequences. When a motoring prosecution threatens a driver’s livelihood or even their liberty, QualitySolicitors will provide sensitive, practical and expert advice.

What are my rights if I am stopped by the Police while driving?

It is your right to seek legal advice before speaking to the Police under caution. Tell the Police that you would like to take legal advice first and call QualitySolicitors.

Often they will want to have an informal chat with you but it is advisable to request legal advice before saying anything which results in an admission of guilt.

What should I do if I receive a notice of intended prosecution?

Contact a solicitor before completing any paperwork to send back to the Police because many defences are won based on this part of the process not being carried out properly by the Police.

A motoring solicitor will be able to look at the notice for you to make sure it complies with the legal requirements and they can advise on how to complete the form, if necessary.

What if I am not sure who was driving the car – what can I do?

If the registered keeper of the vehicle is an individual, you must take reasonable steps to establish who was driving at the time of the alleged offence.

This evidence could be crucial to mounting a successful defence to a motoring prosecution.
If you are not the registered keeper, it is up to the prosecution to prove that the information they have asked for is within your power to give.

This defence includes tactical decisions and an experienced motoring solicitor will be able to assist.

Shall I challenge the Notice of Intended Prosecution or just pay the fine?

Many people are tempted to pay the fine and take the penalty points to avoid going to Court or dragging out the situation further. It is always best to seek legal advice before taking any steps as there may be circumstances in which the Notice of Intended Prosecution can be challenged.

Will I lose my driving licence if it goes to Court?

It depends entirely on the alleged offence. Serious offences such as Driving with Excess Alcohol and Dangerous Driving will result in a ban for a minimum of 12 months, while offences which carry penalty points are at the Courts’ discretion as to whether they impose a ban.

With speeding cases, if the speed is alleged to be 30mph above the limit, the Court could consider a disqualification.

Each case will be decided on its own merit but the Court will typically take into account mitigating circumstances, previous convictions or a person’s means.

I have 12 points on my licence, will I automatically lose it?

Under what’s known as ‘totting up’, if a driver gets 12 points within three years they may be banned for six months. However the help of a motoring solicitor is vital in this situation because they may be able to show that the driver would suffer exceptional hardship if they lost their licence.