Road Traffic Defence

Frequently asked questions

I have been ‘flashed’ by a speed camera - what will happen next?

The registered keeper of the vehicle will be sent a notice requiring him or her to provide details of the person who was driving the car at the time. At the same time a ‘notice of intended prosecution’ is usually sent (this has to be sent within fourteen days). The registered keeper must either confirm that he or she was driving, provide details of the person who was driving or explain why they are unable to provide details – a failure to respond to the notice will usually result in the registered keeper being pursued for failing to provide information – an offence that carries a fine and minimum 6 penalty points.

Once the identity of the driver is known a fixed penalty offer or summons to court will be sent to the driver.

I have nine points already and am about to get some more - will I get disqualified?

Once you reach twelve points on your driving licence you will receive a minimum 6 month disqualification under the ‘totting up’ procedure. It is possible to avoid this if the court can be persuaded that losing your licence would cause Exceptional Hardship - this usually involves you giving evidence under oath at court. If your argument is successful disqualification is avoided but the points would remain. It is important to note that an Exceptional Hardship argument cannot be made on the same grounds more than once in a three year period.

We have the expertise to give you the best possible chance of succeeding with your argument and keeping your driving licence.

A driving disqualification can be avoided if we can successfully argue that Special Reasons apply, these can include emergency or shortness of distance driven. We can give you specialist advice about the merits of forwarding such an argument.

I have been charged with drink driving and bailed to attend court – do I need a lawyer?

By looking at the case papers and checking to see whether procedures have been properly followed and all the elements of the case can be proved, your lawyer will be able to see whether or not you have a defence to the charge and can, therefore, advise you whether to plead guilty or not guilty and represent you throughout the case.

Drink driving carries a mandatory minimum 12 months ban. The court has guidelines – the higher the reading the longer the ban will be. In addition to a ban the court will also impose a fine, community penalty (e.g. community service) or prison depending on the circumstances. A well prepared mitigation can help to keep the ban to a minimum and could make the difference between prison and a community penalty, or a community penalty and a fine.

In addition the mandatory ban can be avoided if the court finds that special reasons apply. Special reasons would include for example; laced drinks, a medical emergency, or a very short distance driven. Your lawyer will be able to advise whether special reasons can be argued.