We offer expert advice and representation in relation to the following motoring offences:

-Causing death by dangerous driving,
-Causing death by careless driving when under the influence of drink or drugs,
-Causing death by careless, or inconsiderate driving,
-Causing death by driving: unlicensed, disqualified or uninsured drivers,
-Dangerous driving,
-Driving without Due Care and Attention / Careless Driving,
-Driving whilst over the prescribed alcohol limit,
-Driving whilst unfit through alcohol or drugs,
-Speeding,
-Using a mobile phone whilst driving,
-Failing to stop and/or report an accident,
-Driving otherwise than in accordance with a licence,
-Driving whilst disqualified,
-No Insurance.

This list is not exhaustive and if you have any queries in relation to other motoring matters do not hesitate to contact us to discuss the same.

We can also assist if you have:

-Totted up to 12 points by providing advice in relation to an exceptional hardship argument ,
-“Special reasons” for driving without insurance,  driving whilst over the prescribed alcohol limit (excess alcohol), speeding or failure to comply with a traffic signal by providing advice in relation to asking the  court to exercise discretion in not disqualifying a motorist, or prevents the imposition of penalty points on a motorist.
-Been disqualified for a period of 3 or more years and you are at least 2 years into your disqualification by providing advice in relation to an application for restoration of your driving licence.

Click the grey bars below for more information about specific matters we can assist with.

Unfortunately, there are a number of fatalities on the roads each year which result in individuals finding themselves being charged with one of a number of criminal offences.  These offences include causing death by:
• dangerous driving,
• careless driving when under the influence of drink or drugs,
• careless, or inconsiderate driving, and
• driving whilst unlicensed, disqualified or uninsured.

All of the above are very serious offences and we advise that anyone charged with any of the above seeks legal advice immediately from a solicitor who specialises in motoring and criminal law as they all involve a substantial prison sentence if the driver is convicted.

We take particular care to be sensitive to anyone whose liberty and family life is threatened by the possibility of such a conviction. We guarantee that a senior solicitor will play an active role in the preparation of the defence and will be instrumental in the selection of the barrister/ solicitor advocate when the case reaches the Crown Court.

This is very serious and we advise that anyone charged with dangerous driving seeks legal advice immediately.

A person is considered to have been driving dangerously if their driving falls far below the standard of the ordinary competent and prudent driver and it would be obvious to the ordinary competent and prudent driver that driving that way would be considered dangerous.
The “Driving Offences Charging Standard” produced by the Crown Prosecution Service provides examples of the types of driving that may be considered to be dangerous. These include:
1. overtaking when it is clearly unsafe,
2. deliberately ignoring traffic lights or other road signs,
3. excessive speed when highly inappropriate for the road or traffic conditions, or
4. aggressive or intimidatory driving, such as “tailgating” another vehicle or sudden lane changes.
The maximum penalty for dangerous driving is 2 years imprisonment.

The driver will also be disqualified from driving for at least 12 months and receive between 3 and 11 penalty points. If the driver is disqualified from driving, an extended driving test must be passed before the drivers licence will be returned.

A person is considered to have been driving carelessly or without due care and attention if their driving falls below what would be expected of a reasonable, prudent and competent driver or driving without reasonable consideration for other road users.

The “Driving Offences Charging Standard” produced by the Crown Prosecution Service provides examples of the types of driving that may be considered to be careless. These include:

1. driving through a red light,
2. pulling out of a side road into the path of another vehicle,
3. driving too close to the rear of another vehicle, or
4. overtaking on the inside.
Examples of driving without reasonable consideration for other road users include:
1. flashing headlamps to force other drivers to move over,
2. remaining in the overtaking lane when it is unnecessary,
3. failing to dip headlights so other drivers are dazzled, or
4. splashing pedestrians by driving through a puddle of water.

The maximum penalty for careless driving is a fine of £2,500 and between 3 & 9 penalty points.

The prescribed limits of alcohol are:
• Breath – 35 microgrammes of alcohol in 100 millilitres of breath,
• Blood – 80  milligrammes of alcohol in 100 millilitres of blood,
• Urine – 107 milligrammes of alcohol in 100 millilitres of urine.

There are a number of procedures which must be pursued correctly throughout the investigation of an allegation of driving or attempting to drive whilst over the prescribed limit. The success of a prosecution will depend upon these procedures being followed and we advise that anyone charged with this seeks legal advice to ensure that these procedures have been followed.

The maximum penalty for driving or attempting to drive a motor vehicle whilst over the prescribed limit is 6 months imprisonment and/or a fine of £5,000. The driver will also be disqualified from driving for at least 12 months and receive between 3 and 11 penalty points.

It is also an offence to be “in charge” of a motor vehicle whilst over the prescribed alcohol limit ; which arises when someone is not actually driving or even attempting to drive a vehicle but where the police think that the person is intending to drive the vehicle.

The maximum penalty for being in charge of a motor vehicle whilst over the prescribed limit is 3 months imprisonment and/or a fine of £2,500. The driver may also be disqualified from driving for any period and/or until a driving test has been passed, and will be given at least10 penalty points.

It is also an offence if someone refuses to provide a specimen of breath for analysis during the investigation of an allegation of driving whilst over the prescribed alcohol limit (excess alcohol).

If a driver’s ability to drive properly is impaired for the time because the driver has consumed drink or drugs they may be committing an offence. A driver does not necessarily have to be over the prescribed alcohol limit for this to happen. For the purpose of being unfit to drive through drugs, drugs are defined as “any intoxicant other than alcohol”.

Examples of a driver’s ability to drive being impaired could include swerving across the road, the driver being unable to stand up or repeatedly falling asleep.

The maximum penalty for driving or attempting to drive whilst unfit through drink or drugs is 6 months imprisonment and/or a fine of £5,000. The driver will also be disqualified from driving for at least 12 months and receive between 3 and 11 penalty points.

An offence may also be committed if a person is “in charge” of a motor vehicle whilst unfit through alcohol or drugs; this can arise when someone is not actually driving or even attempting to drive but the police think that the person is intending to drive a vehicle.

The maximum penalty for being in charge of a motor vehicle is 3 months imprisonment and/or a fine of £2,500. The driver may also receive a disqualification from driving for any period and/or until a driving test has been passed, and at least10 penalty points.

The maximum penalty for speeding is a fine of £2,500.

The driver may also be disqualified from driving for any period and/or until a driving test has been passed and they will receive between3 and 6 penalty points.

A person using a mobile telephone whilst driving or who causes or permits another driver to use a mobile telephone whilst driving will be committing an offence.

The penalty imposed for using a mobile telephone whilst driving is a £60 fine and the driver will receive 3 penalty points.

If a driver is involved in an accident which results in injury or damage to another person, vehicle, animal or property, they must stop and provide their name and address, the name and address of the owner of the vehicle they are driving and the vehicle registration number.

The maximum penalty for failing to stop and/or report an accident is 6 months imprisonment and/or a fine not exceeding £5,000.

The driver may also be disqualified from driving for any period and they will receive between 5 and 10 penalty points.

This includes those who drive without having obtained any form of driving licence and people who have a licence but who do not drive within the terms of that licence. For example, a holder of a provisional licence can only drive when accompanied and displaying “L” plates; failure to comply with these requirements would mean that they were not driving in accordance with the terms of the licence they hold.

The maximum penalty is a fine of £1,000. If the driver could have been issued with the relevant licence they may also be disqualified from driving for any period and/or until a driving test has been passed and they will receive between3 and 6 penalty points.

If a person drives a motor vehicle on a road whilst they are disqualified from holding or obtaining a licence, they will be committing an offence.

The maximum penalty for driving whilst disqualified is 6 months imprisonment and/or a fine of £5,000.

The driver may also receive a disqualification from driving for any period and/or until a driving test has been passed and they will receive6 penalty points.

The maximum penalty is a fine of £5,000.

The driver may also receive a  disqualification from driving for any period and/or until a driving test has been passed and they will be given between 6 and 8 penalty points.

The Court can impose penalty points if it chooses not to disqualify a driver for any motoring offences. If a driver has 12 or more relevant penalty points on his licence he will be disqualified from driving for a period of at least 6 months.

Penalty points will be relevant if they have been endorsed on the driver’s licence for any offences that are committed within a period of 3 years (other than any penalty points which have already been “wiped off” as a result of a previous penalty points disqualification). This is often referred to as “totting up”.

If a driver is disqualified under the penalty points system, the minimum period of disqualification is 6 months, unless the Court is satisfied that exceptional hardship would follow. This is a discretionary power so even if the Court is satisfied that a disqualification will result in exceptional hardship, they can still disqualify the driver.

Exceptional hardship can be hardship to the driver or to someone else, such as their family or employer. If exceptional hardship is raised before the Court, the same exceptional hardship cannot be put forward again for a period of 3 years.

If you have “totted up” 12 points we advise that you seek legal advice as you may have grounds for an exceptional hardship argument.

If a driver is convicted of an offence for which they will be disqualified and/or given penalty points, they could avoid this penalty if the Court believes that there are special reasons why it should not be imposed.

A special reason is:

1. a mitigating or extenuating circumstance,
2. something which does not amount to a defence,
3. directly connected with the commission of the offence (and not the circumstances of the driver), and
4. a matter which the Court ought properly to take into account when imposing a penalty.

Examples of special reasons include laced drinks, emergencies and driving a short distance.
A driver must show on the balance of probabilities that special reasons exist and must produce evidence to show special reasons. This is a discretionary power so even if the Court is satisfied of this they can still disqualify the driver.

Where it is a compulsory disqualification and the Court finds that there are special reasons not to disqualify the driver, the Court will impose between 3 and 11 penalty points, unless the Court considers that the special reasons for not disqualifying the driver are also special reasons for not imposing penalty points.

If you are facing a disqualification and/or penalty points on your licence we advise that you seek legal advice as you may have special reasons not to be disqualified or receive penalty points.

A driver can apply to the Court which originally disqualified them for a period of 3 years or more, after they have been disqualified for 2 years or more, to have their licence restored to them.

When deciding whether or not to restore a driver’s licence the Court will have regard to the character of the driver and his conduct following the disqualification and the nature of the original offence for which the disqualification was imposed.

An application for restoration of a driving licence can only be made once every 3 months.

If you have been disqualified for a period of 3 or  more years and you are 2 years into the disqualification we advise that you seek legal advice as you may be able to make an application to the Court for restoration of your driving licence.

Costs will vary depending upon the type of motoring matter.

We will undertake an assessment during your initial consultation and we will then provide you with a written costs estimate.

It is then your decision as to whether or not you instruct us with regards to your motoring matter and until this point our driving offences defence service is provided free of charge.

If you want to discus matters with us, please complete the online form to the right of this page or call us free on 0800 027 7870 (ask for Rachel Barrow).

We also run a free motoring clinic every Wednesday between 9am and 12pm at our office on the 2nd Floor of 6 Castle Street, Liverpool.

During this clinic we offer a 15 minute consultation with a member of our motoring team. If you are unable to attend our motoring clinic we also offer these consultations on the telephone and/or via email.

Please contact us on 0800 027 7870 if you want to arrange an appointment during one of our motoring clinics or a telephone consultation.