BLOG POSTS, DRIVING OFFENCES

Motoring Offences Are on the Rise This Summer – Know Your Rights and Protect Your Licence

Motoring Offences Are on the Rise This Summer – Know Your Rights and Protect Your Licence

Longer days, more road trips, social outings, and with them a sharp rise in motoring offences in summer.

Government reports indicate that more drivers are on the road during warmer, longer days, and with this, we also observe a seasonal surge in cases involving speeding, drink and drug driving, mobile phone offences, and other related offences. These offences can carry serious consequences, ranging from points and fines to full disqualification or even criminal charges.

Whether it’s your first offence or you’re at risk of losing your licence, early legal advice can make all the difference.

What Are the Most Common Motoring Offences in Summer?

Reports show that during summer months, there is a spike in:

Speeding offences

Speeding is one of the most common motoring offences in summer in the UK, especially in summer when roads are busier and drivers are more likely to be stopped by police or caught on speeding cameras.

Although in most cases it is considered a minor offence, depending on the circumstances, it can lead to penalty points, heavy fines, court appearances or even disqualification. Being caught exceeding the speed limit carries a fine of £100 and 3 penalty points for minor offences. For first-time or low-level speeding offences, you may be offered a Speed Awareness Course instead of points. Higher speeds usually carry fines of up to £1,000 (or £2,500 on a motorway) and 3 to 6 penalty points, but serious or repeat offences can result in court summons and potential disqualification or even a driving ban.

Under totting-up rules, accumulating 12 points within 3 years can result in a disqualification for at least 6 months, unless you can argue exceptional hardship. This is, if you can argue that being disqualified would have an impact on your job or family.

Early legal advice can challenge the charge on technical grounds, argue for reduced penalties or special reasons to avoid and ultimately protect your licence, especially if you’re at risk of a ban.

Drink and/or Drug Driving

Driving under the influence of alcohol or drugs is one of the most serious motoring offences in summer, and police enforcement is especially high during the summer months and holiday periods. You don’t need to be ‘’drunk’’ or ‘’high’’ to be over the limit; even small amounts can impair your ability to drive and can lead to charges.

The legal alcohol limit is 35 micrograms per 100ml of breath, and if you’re found to be above this limit or considered unfit to drive, you will face severe penalties.

Similarly, it is illegal to drive if you are considered to be unfit to do so because you are under the influence of legal – this is prescription or over-the-counter medicines – or illegal drugs. If you are found to have certain levels of illegal drugs in your blood, you may also be charged, even if these have not affected your driving. The legal limits vary depending on which substance you have consumed.

These offences carry severe and mandatory penalties, including imprisonment for a minimum of three months up to life for causing death by driving under the influence, unlimited fines and a driving ban for at least one year. On top of these criminal charges, you may face other problems such as increased car insurance costs, trouble travelling to countries like the USA and your conviction will be shown on your licence, meaning that employers can see it.

Our motoring law experts can assess the evidence and help minimise the damage to your criminal record, driving licence and future. It may be possible to highlight any procedural errors, such as the accuracy or legality of the test and challenge the charges on the basis of that. We may also be able to argue for special reasons, such as spiked drinks or emergency changes; early guilty pleas and strong mitigation may help reduce your sentence.

Using a Mobile Phone

Since 2022, the laws around mobile phone use while driving have become much stricter. It’s now illegal to hold and use a phone, or any device that can send and receive data, for any reason while driving any sort of vehicle. This includes texting, making calls, scrolling through music or maps, taking photos or videos or even just unlocking the screen. These rules apply even if you’re stopped in traffic, at a red light or supervising a learner driver.

There are a few exceptions, for example if you need to call 999 in an emergency and stopping would be unsafe or impractical or if you are using devices with hands-free access – as long as you are not holding them and are in full-control of the vehicle – such as Bluetooth headsets, windscreen mounts or a built-in sat nav.

The penalties for this offence are a £200 fine and 6 penalty points, but you can get an additional 3 points on your licence if you do not have a full view of the road. If you’ve passed your driving test in the last 2 years, you will also lose your licence if you are found to be using a mobile device while driving.

If you’ve been charged with this offence, you should seek early legal advice. Our team of dedicated motoring law specialists can guide you through the process, and we may be able to challenge the charge under certain circumstances.

Not Wearing a Seat belt

Wearing a seat belt is a legal requirement for both drivers and passengers, except for a few exceptions. If your vehicle has fitted seat belts and you are found not to be wearing yours when you are supposed to, you can be fined up to £500. Only one person should sit in a seat with a seat belt, so it is illegal to share a seat belt. There are very limited exemptions, such as medical reasons for which you will get a certificate, or when reversing, in addition to a few others.

You are also responsible for ensuring that any children in the vehicle are in the correct car seat for their height until they reach 135 centimetres tall or their 12th birthday, whichever is first. Children over 135 centimetres tall or over the age of 12 are legally required to wear their seat belt. Failure to do so can result in a fine of up to £500.

Penalties may escalate if not wearing the seatbelt contributes to injury or affects police procedure, and there may be a risk of prosecution.

Wearing a seat belt helps prevent injuries in the event of a crash or any other accidents, so it is important to adhere to this rule for your own safety and others as well. If you have been fined for a seat belt offence, it’s worth seeking legal advice.

Careless and Dangerous Driving

Both careless and dangerous driving criminal offences, but they differ in severity based on the driver’s behaviour in accordance with the law.

Careless driving, also known as driving without due care and attention, refers to behaviour that falls below the standard expected of a competent driver and fails to show consideration for other road users. Examples of this include tailgating, lane drifting, middle-lane hogging, or even applying makeup or eating while driving. The penalties for this offence vary depending on the circumstances but can range from a fixed fine of £100 and 3 penalty points, to a court appearance, a possible driving ban, a fine of up to £5000 and up to 9 penalty points.

Causing serious injury by careless driving is a triable either way offence, meaning that it can be heard in either the Magistrates’ Court or the Crown Court depending on the seriousness of the case. At the Crown Court it carries a maximum of 5 years imprisonment and a minimum 2 years’ disqualification from driving. Causing death by careless driving can result in a prison sentence of up to 5 years, an unlimited fine, and a mandatory driving disqualification. Courts will also consider aggravating and mitigating factors, such as prior driving history, level of carelessness, and the circumstances surrounding the incident.

Dangerous driving, as the name suggests, is a much more serious offence. It means the driver’s behaviour falls far below the expected standard, and a competent driver would have been able to assess the danger of their actions. Examples of this include racing or aggressive driving, ignoring road signs and red lights or driving a vehicle in a seriously unsafe condition. The penalties for this offence include a mandatory driving ban and a prison sentence of up to 2 years. Causing death by dangerous driving can result in a maximum prison sentence of 14 years.

These charges have serious consequences, so it is important to seek expert legal advice. Our solicitors can help you secure the best possible outcome and protect your licence by challenging the charges or presenting mitigating factors which may reduce the penalties.

Driving without insurance or an MOT

Driving without valid insurance or a valid MOT certificate is illegal, and it can lead to serious penalties even if it was a mistake or oversight.

It is a criminal offence to drive a vehicle on a public road without at least third-party insurance. Even if you believe you are covered, you could still be charged if your policy has expired or been cancelled, you’re driving a vehicle you’re not insured to drive or if you’re relying on someone else’s policy without proper cover. The penalties for this offence include a £300 fixed penalty and 6 penalty points, but if the case goes to court, you could get an unlimited fine and be disqualified from driving. In some cases, the police also have the power to seize and destroy the vehicle that’s being driven uninsured.

All vehicles over 3 years old must have a valid MOT certificate to be legally driven on public roads, and failure to comply with this may result in a £100 fine, which can rise to £1000 if the case is taken to court, invalidation of your insurance policy and potential vehicle seizure.

If you’ve been caught driving without insurance or an MOT certificate, our team of dedicated legal experts can argue mitigating circumstances and clarify ownership or policy issues to avoid or reduce penalties. If you already have points on your licence, it is important to seek early legal advice as these charges can have lasting consequences despite seeming minor.

Stay safe this summer, drive responsibly and know your rights. If you find yourself facing a motoring offence don’t go through it alone, our legal experts at DPP Law are driven to defend you. One mistake shouldn’t define your future, let us help you protect your licence and your freedom.