Other Services

Failing to identify the driver

Commonly, there are two scenarios in which the identity of the driver of a vehicle needs to be established:

1) Following an accident where an injury was caused to another party, or damage (even slight) was caused to property. The name and address of the driver, and of the owner of the vehicle, if different, must be provided.

2) Upon receipt of a Notice of Intended Prosecution. This is the most common circumstance, and requires that the details of the driver of a vehicle be submitted to the police upon request, under Section 172 of the Road Traffic Act 1988. This notice will be received if the driver could not be formally warned of potential prosecution at the time of the alleged offence, e.g. if evidence was collected via a traffic or speed camera.

Call TODAY for free advice

Contact Us Now

Available 24/7 for a free consultation.
Request a call back now!

Fixed Penalty Notice

A large number of motoring offences can now incur Fixed Penalty Notices.

Call TODAY for free advice

Fixed Penalty Notices are typically given in cases where there is photographic evidence of the offence, typically speeding, traffic light contraventions, and failure to comply with yellow box junctions or restricted right/left turns.

Typically, a Fixed Penalty will carry a conditional offer of 3 penalty points and a fine of £100. However, more serious offences, for instance driving without insurance, will attract a greater number of penalty points. Commonly, police forces will offer a fixed penalty of 6 penalty points and a fine of £300.

Fixed Penalty Notices help the police because it enables them to resolve the matter quickly, and helps the offender, as it avoids a Court appearance. However, you should realise that if you accept a Fixed Penalty, you cannot negotiate or seek to be punished more leniently. Your acceptance of the penalty is final, so if you have any doubts at regarding how you wish to respond, take advantage of the 28-day acceptance period to weigh up your options.

Call us today for FREE initial advice

Notice of Intended Prosecution

If, at the time of the alleged offence, you were not stopped and cautioned by the police – as is typically the case where evidence has been collected by a camera – then the police or process department is required to serve you a Notice of Intended Prosecution (NIP), before any further action can be taken.

Call NOW for free advice

This document must follow a particular format, and be compliant with regulations set out in Section 1 of the Road Traffic Offenders Act 1988.

Unless evidence to the contrary is provided, it is assumed that the prosecution has complied with these requirements; it is for the defendant to prove any challenge regarding the accuracy of the notice, or any other discrepancy.

It is important to note that you MUST identify the driver of the vehicle concerned, and within 28 days. Failure to provide this information is a further offence in itself, and one that carries a risk of 6 penalty points and a fine of up to £1,000. You must otherwise be able to demonstrate that compliance with this requirement was impossible, despite your best, reasonable, and diligent attempts to identify the driver.

Call today for FREE initial advice

Totting Up

Typically, the punishment for a motoring offence will be penalty points, given either by the Court or via a Fixed Penalty Notice. Different numbers of points are given depending on how serious the offence is. ‘Totting Up Procedure’ comes into play when a driver acquires 12 penalty points within a 3-year period, either through an accumulation of points over multiple separate offences over that period, or if multiple offences are committed at one time and a Court decides that the total number of points to be given as punishment exceeds 12.

Call TODAY for free advice

Careless Driving

Careless driving is a relatively wide-ranging offence, and covers several different driving ‘errors’, which do not necessarily need to involve an accident. The punishment for such an offence ranges from a 3 point/£100 Fixed Penalty, to a means-tested fine of up to £5,000 (though typically £200-800), 3-9 penalty points, or instant discretionary disqualification from driving. In very extreme serious, community service/curfew orders can be given.

Call TODAY for free advice

We often see that clients are not supported in defending careless driving defences by their insurers, who can judge this to be a waste of money, and often don’t consult the policyholder.

We have an outstanding record of defending these kinds of cases, which shows that, suitably handled, acquittals can be achieved. This is crucial in a road traffic accident situation, as a conviction of an offence relating to that accident makes it very difficult to successfully bring a civil action for damages. On the other hand, acquittal makes it much easier to make a claim.

We offer fixed-free advice on such cases, and can instruct a barrister to defend you, if needed. We never recommend that such cases are fought on principle alone, if we are confident that we can defend the charge, we will advise accordingly. If successful, we can often recover a proportion, if not all, of the fee, subject to Court assessment, in which case you will be refunded. In the case of a clear likelihood of conviction, we will advise on how best to proceed to ensure minimum inconvenience and penalty charge/points.

If you are to be prosecuted under Section 3 of the Road Traffic Act, we would vehemently recommend that you obtain qualified professional advice, especially if your insurer has refused to provide assistance. On occasion, we can even persuade insurance companies to finance your defence.

Call TODAY for free advice

Plea of Mitigation

A plea of mitigation is very different to a ‘not guilty’ plea. If it genuinely was not you that committed the offence, then it is undoubtedly correct, and your right, to dispute this by making a not guilty plea.

Call today for FREE initial advice

On the other hand, if you admit that you have committed the offence, but would like the Court to consider certain personal circumstances before deciding upon punishment, you can enter a plea of mitigation. You should note that this plea is not a defence strategy, and cannot be used as one. Putting forward multiple excuses and explanations can be judged by the Court to amount to a not guilty plea, and thus will be rejected.

If submitted appropriately, a plea in mitigation will typically lead to reduced punishment, so fewer penalty points and/or a lower fine. In certain situations, it can also make the difference between retaining or losing your driving licence.

Call TODAY for free advice

Traffic Light Offence

Today, most traffic light offences are detected using cameras, and photographic evidence is used as grounds for the prosecution. If caught committing a traffic offence, you will likely be sent a Notice of Intended Prosecution, typically leading to a Fixed Penalty Notice carrying a £100 fine and 3 penalty points.

Call TODAY for free advice

You can defend against these charges, and we can advise you on whether this is recommended or not. We can organise representation for you if we believe that you have a reasonable chance of success.

Driving Solicitors will always provide our honest view of your chances of successfully avoiding the charge, and will recommend a guilt plea if we feel this is the best course of action for you to take. We always seek to provide realistic appraisals, and will never suggest defending a case where there are no reasonable grounds for doing so, as this risks harsher punishment and greater fines.

  
  

Other Services

Failing to identify the driver

Commonly, there are two scenarios in which the identity of the driver of a vehicle needs to be established:

Available 24/7 for a free consultation.
Request a call back now!

1) Following an accident where an injury was caused to another party, or damage (even slight) was caused to property. The name and address of the driver, and of the owner of the vehicle, if different, must be provided.

2) Upon receipt of a Notice of Intended Prosecution. This is the most common circumstance, and requires that the details of the driver of a vehicle be submitted to the police upon request, under Section 172 of the Road Traffic Act 1988. This notice will be received if the driver could not be formally warned of potential prosecution at the time of the alleged offence, e.g. if evidence was collected via a traffic or speed camera.

Call TODAY for free advice

Contact Us Now

Fixed Penalty Notice

A large number of motoring offences can now incur Fixed Penalty Notices.

Call TODAY for free advice

Fixed Penalty Notices are typically given in cases where there is photographic evidence of the offence, typically speeding, traffic light contraventions, and failure to comply with yellow box junctions or restricted right/left turns.

Typically, a Fixed Penalty will carry a conditional offer of 3 penalty points and a fine of £100. However, more serious offences, for instance driving without insurance, will attract a greater number of penalty points. Commonly, police forces will offer a fixed penalty of 6 penalty points and a fine of £300.

Fixed Penalty Notices help the police because it enables them to resolve the matter quickly, and helps the offender, as it avoids a Court appearance. However, you should realise that if you accept a Fixed Penalty, you cannot negotiate or seek to be punished more leniently. Your acceptance of the penalty is final, so if you have any doubts at regarding how you wish to respond, take advantage of the 28-day acceptance period to weigh up your options.

Call us today for FREE initial advice

Notice of Intended Prosecution

If, at the time of the alleged offence, you were not stopped and cautioned by the police – as is typically the case where evidence has been collected by a camera – then the police or process department is required to serve you a Notice of Intended Prosecution (NIP), before any further action can be taken.

Call NOW for free advice

This document must follow a particular format, and be compliant with regulations set out in Section 1 of the Road Traffic Offenders Act 1988.

Unless evidence to the contrary is provided, it is assumed that the prosecution has complied with these requirements; it is for the defendant to prove any challenge regarding the accuracy of the notice, or any other discrepancy.

It is important to note that you MUST identify the driver of the vehicle concerned, and within 28 days. Failure to provide this information is a further offence in itself, and one that carries a risk of 6 penalty points and a fine of up to £1,000. You must otherwise be able to demonstrate that compliance with this requirement was impossible, despite your best, reasonable, and diligent attempts to identify the driver.

Call today for FREE initial advice

Totting Up

Typically, the punishment for a motoring offence will be penalty points, given either by the Court or via a Fixed Penalty Notice. Different numbers of points are given depending on how serious the offence is. ‘Totting Up Procedure’ comes into play when a driver acquires 12 penalty points within a 3-year period, either through an accumulation of points over multiple separate offences over that period, or if multiple offences are committed at one time and a Court decides that the total number of points to be given as punishment exceeds 12.

Call TODAY for free advice

Careless Driving

Careless driving is a relatively wide-ranging offence, and covers several different driving ‘errors’, which do not necessarily need to involve an accident. The punishment for such an offence ranges from a 3 point/£100 Fixed Penalty, to a means-tested fine of up to £5,000 (though typically £200-800), 3-9 penalty points, or instant discretionary disqualification from driving. In very extreme serious, community service/curfew orders can be given.

Call TODAY for free advice

We often see that clients are not supported in defending careless driving defences by their insurers, who can judge this to be a waste of money, and often don’t consult the policyholder.

We have an outstanding record of defending these kinds of cases, which shows that, suitably handled, acquittals can be achieved. This is crucial in a road traffic accident situation, as a conviction of an offence relating to that accident makes it very difficult to successfully bring a civil action for damages. On the other hand, acquittal makes it much easier to make a claim.

We offer fixed-free advice on such cases, and can instruct a barrister to defend you, if needed. We never recommend that such cases are fought on principle alone, if we are confident that we can defend the charge, we will advise accordingly. If successful, we can often recover a proportion, if not all, of the fee, subject to Court assessment, in which case you will be refunded. In the case of a clear likelihood of conviction, we will advise on how best to proceed to ensure minimum inconvenience and penalty charge/points.

If you are to be prosecuted under Section 3 of the Road Traffic Act, we would vehemently recommend that you obtain qualified professional advice, especially if your insurer has refused to provide assistance. On occasion, we can even persuade insurance companies to finance your defence.

Call TODAY for free advice

Plea of Mitigation

A plea of mitigation is very different to a ‘not guilty’ plea. If it genuinely was not you that committed the offence, then it is undoubtedly correct, and your right, to dispute this by making a not guilty plea.

Call today for FREE initial advice

On the other hand, if you admit that you have committed the offence, but would like the Court to consider certain personal circumstances before deciding upon punishment, you can enter a plea of mitigation. You should note that this plea is not a defence strategy, and cannot be used as one. Putting forward multiple excuses and explanations can be judged by the Court to amount to a not guilty plea, and thus will be rejected.

If submitted appropriately, a plea in mitigation will typically lead to reduced punishment, so fewer penalty points and/or a lower fine. In certain situations, it can also make the difference between retaining or losing your driving licence.

Call TODAY for free advice

Traffic Light Offence

Today, most traffic light offences are detected using cameras, and photographic evidence is used as grounds for the prosecution. If caught committing a traffic offence, you will likely be sent a Notice of Intended Prosecution, typically leading to a Fixed Penalty Notice carrying a £100 fine and 3 penalty points.

Call TODAY for free advice

You can defend against these charges, and we can advise you on whether this is recommended or not. We can organise representation for you if we believe that you have a reasonable chance of success.

Driving Solicitors will always provide our honest view of your chances of successfully avoiding the charge, and will recommend a guilt plea if we feel this is the best course of action for you to take. We always seek to provide realistic appraisals, and will never suggest defending a case where there are no reasonable grounds for doing so, as this risks harsher punishment and greater fines.