Motoring Offences
Motor Law is an extremely niche and specialised area and it is essential that you receive accurate advice before making any decisions as this could make a real difference to you and the end result.
At IB Legal, we appreciate that the prospect of a motoring prosecution can be an extremely stressful situation, particularly if you are dependent upon your driving licence. Our lawyers will not bombard you with legal jargon but explain your situation to you as frankly as possible.
We are able to provide comprehensive advice and/or representation for any motoring allegation in England and Wales and are happy to offer you free advice to discuss your options with you.
We have substantial experience in relation to all aspects of motoring law
The Motor Law Department represent clients on a privately paid basis in both the Magistrates’ and Crown Courts throughout England and Wales. Our specialist team have dealt with an extensive amount of motoring prosecutions, including (but not limited to):
Drink Driving
In the UK, drink driving constitutes an offence under section 5(1)(a) of the Road Traffic Act 1988, defined as:
“Operating or attempting to operate a motor vehicle on a road or other public place after consuming alcohol to a level that exceeds the prescribed limit.”
The MINIMUM PENALTY for drink driving entails a 12-month disqualification from driving and an unlimited fine.
For the Crown Prosecution Service (CPS) to secure a conviction for drink driving, they must demonstrate that the alcohol proportion in your body surpassed the following limits:
- 35 microgrammes of alcohol in 100ml of breath
- 80 mg of alcohol in 100ml of blood
- 107 mg of alcohol in 100ml of urine
It’s crucial to note that merely providing a specimen that tests positive for exceeding the prescribed limit does not automatically guarantee a conviction!
The type of sample provided varies depending on the circumstances of each case. Regardless of the sample obtained, law enforcement must adhere to strict procedures to collect this evidence. Here, our genuine expertise could prove pivotal in potentially safeguarding your license and achieving a favourable outcome for your case.
If you’re uncertain about the best course of action, please reach out to one of our team members to explore your options. Many individuals who approach us are initially unaware and sceptical of any potential defence until they seek our expert guidance.
Determining whether you can defend your case effectively can be challenging at the outset. It’s often necessary for us to review the evidence against you thoroughly. To facilitate this process, we offer an investigation into the charges against you for a fixed fee.
During this investigation, we’ll assess the evidence that the Crown Prosecution Service (CPS) has compiled against you and provide comprehensive advice on the prospects of success in your specific case. Each drink driving case is unique, and it’s essential to analyse the particulars of your situation before gauging the likelihood of success.
Upon receiving our advice, you’ll be equipped to make an informed decision about whether to contest the allegation or accept the penalty. Our team will be available to address any concerns you may have regarding your case. Many of our clients have successfully defended their cases following an initial investigation.
If you’re inclined to defend the charges against you, it’s imperative to contact us as soon as possible, even if formal charges have not been filed yet. At IB Legal, our team adopts a thorough “no stone unturned” approach to defending cases, and we prefer to commence our work promptly. Taking a proactive stance can often aid in securing crucial evidence, such as CCTV footage, which might otherwise be lost if there’s a delay between being charged and appearing in court.
We’ve observed that most of our clients appreciate knowing that they can continue driving throughout the duration of the proceedings if they opt to defend the charges.
It’s crucial to emphasise once again that this area of law is highly specialised. A general criminal lawyer, lacking expertise in motoring law, may offer markedly different advice compared to our specialists. Our lawyers in the motoring department are dedicated experts in this field, well-versed in its intricacies. This is a vital consideration if you’ve consulted with other firms that primarily handle general legal matters.
In certain circumstances, the police may opt to take a blood or urine sample instead of a breath sample, and you might have been bailed to return to the police station for this purpose. The legislation governing the collection of such samples is highly stringent, and errors are not uncommon. We boast an exceptionally high success rate in defending cases where blood or urine samples have been obtained.
You should have been provided with your own sample to have independently analysed, and we strongly advise you to do so without delay. The booklet containing approved laboratories can be accessed on the Royal Society of Chemistry website. If you’re unsure about where to send your sample for analysis, please don’t hesitate to contact us, and one of our lawyers will gladly recommend a laboratory for you.
Before deciding to plead guilty to drink driving, it’s essential to understand the potential penalties. The severity of the penalty primarily hinges on your alcohol reading, but other factors are also taken into consideration, including:
First Offence:
For a first-time offender, the minimum penalty entails a 12-month disqualification from driving and an unlimited fine.
Second Offence within a 10-Year Period:
If it’s a second offense within a 10-year period, the minimum penalty automatically increases to a 3-year disqualification.
Second Offence within a 3-Year Period and/or an Extremely High Alcohol Level:
In cases of a second offence within a 3-year period and/or if the alcohol level is exceptionally high, the court may contemplate imposing a prison sentence of up to 6 months, in addition to a disqualification and fine.
Most people already know about the mandatory disqualification from driving, but there are some long term consequences that many people do not consider such as:
- Your ability to work
- A significant increase of your insurance premiums (often by thousands!)
- Restrictions on travel
- Social stigma
- A criminal conviction which will remain on your record indefinitely and on your licence for 11 years
We understand that almost everybody will want to secure the minimum penalty in light of the above and offer a fixed fee service to help you achieve this.
Drug Driving
As an alternative to being charged with drink driving, police may opt to charge individuals with driving while “unfit,” which carries similar penalties. The primary distinction between these offenses lies in what the Prosecution must establish to secure a conviction. Charges may also be brought if an individual is merely in control of a vehicle while unfit, regardless of whether they were actively driving or not (referred to as “in charge” offenses).
While an individual can be deemed unfit due to alcohol consumption (i.e., having consumed enough alcohol to impair their driving without necessarily exceeding the legal limit), charges of being unfit due to drugs are becoming increasingly common. This is largely attributed to government crackdowns on what is now commonly referred to as drug driving in recent years.
It’s important to note that in this context, the term “drug” is not limited to illegal substances. Charges can also be brought if an individual is considered unfit due to the effects of over-the-counter and/or prescribed medication.
An officer has the authority to make an arrest if they have reasonable grounds to suspect that a person’s driving is impaired by drugs. While you might be familiar with the TV drug driving campaign (“Your eyes will give you away!”), which highlights one of the reasons a police officer may pull you over, an officer can also make a judgment based on your driving behaviour and whether it warrants a stop.
At the roadside, the officer is expected to conduct several impairment tests, including:
- The One Leg Stand test
- The Walk and Turn Test
- The Pupil Measurement test
- The Balance and Judgement test (commonly known as The Romberg test)
- The Finger to Nose Test
While these methods might appear somewhat outdated for assessing impairment, there are plans to introduce a roadside “drugalyzer” that would function similarly to the breathalysers currently used for detecting alcohol.
If the officer deems that you’ve failed these tests, you’ll be arrested and taken into custody. However, these tests alone are usually insufficient to prove impairment, and the police will request a sample of either blood or urine from you at the police station.
If you refuse or fail to provide this specimen, you’ll be charged with “Failing to Provide a Specimen.” Any sample obtained will then be sent for analysis in an attempt to detect the presence of drugs in your system.
It’s important to note that the police are required to provide you with your own sample, and if you were not given one, we strongly recommend submitting your own sample for independent analysis. A list of laboratories capable of such analysis can be found on the Royal Society of Chemistry website.
Please reach out to us if you’re uncertain about where to send your sample, and one of our team members can recommend an accredited laboratory.
If you’re uncertain about the best course of action, please reach out to one of our team members to discuss your options. We understand that many individuals who contact us are initially unaware and sceptical of any potential defence until they’ve sought our expert advice. Determining whether you can defend your case effectively can be challenging at the outset. It’s often necessary for us to review the evidence against you thoroughly. With this in mind, we offer an investigation into the charges against you for a fixed fee.
During this investigation, we’ll carefully examine the evidence that the Crown Prosecution Service (CPS) has compiled against you and provide comprehensive advice on the prospects of success in your individual case. We recognize that no two cases of drink driving are identical, and it’s crucial to consider the specifics of your situation before advising you on the likelihood of success.
Once you’ve received our advice, you’ll be empowered to make an informed decision about whether to contest the allegation or accept the penalty. Our team will be available to address any concerns you may have about your case. It’s worth noting that the initial investigation has been instrumental in enabling the majority of our clients to successfully defend their cases.
Before deciding how to proceed, it’s crucial to understand that the penalties for drug driving (driving whilst unfit) are similar to those for drink driving. The severity of the penalty primarily depends on the level of impairment, but other factors are also considered, such as:
First Offense:
For a first-time offender, the minimum penalty entails a 12-month disqualification from driving and a fine of up to £5000.
Second Offense within a 10-Year Period:
If it’s a second offense within a 10-year period, the minimum penalty instantly increases to a 3-year disqualification.
Second Offense within a 3-Year Period and/or Extreme Impairment:
In cases of a second offense within a 3-year period and/or if the impairment is deemed extreme, the Court may contemplate imposing a prison sentence of up to 6 months, in addition to a disqualification and fine.
While most individuals are aware of the mandatory disqualification from driving, there are several long-term consequences that many overlook, including:
- Impact on employment opportunities
- Significant increase in insurance premiums (often by thousands) for up to 5 years
- Travel restrictions
- Social stigma
- A criminal conviction that remains on your record indefinitely and affects your license for 11 years
Understanding the gravity of these consequences, we recognize that almost everyone aims to secure the minimum penalty. To assist you in achieving this, we offer a fixed-fee service.
This comprehensive representation package includes meticulous case preparation, access to one of our specialist lawyers for telephone advice between 8am and 10pm, and a dedicated court advocate who will accompany you to court and represent you during the hearing.
Dangerous Driving
Dangerous driving refers to a situation where an individual’s driving standard significantly deviates from what is expected of a competent and cautious driver. Offenses falling within this category may encompass speeding, disregarding road signs, reckless overtaking, or knowingly operating a vehicle with a dangerous defect.
While dangerous driving is a serious offense in its own right, causing death by dangerous driving can result in exceedingly severe penalties, including up to 14 years’ imprisonment. Expert criminal defence becomes imperative in such cases to establish either that the driving wasn’t dangerous or that it didn’t contribute to the fatality.
- A driving ban of at least 12 months
- An extended re-test must be passed after the period of disqualification
- A driving ban for at least 2 years if you have two or more disqualifications for periods of 56 days or more in preceding 3 years
- Up to 2 years imprisonment
A charge under Section 2 of the Road Traffic Act 1988, which deals with dangerous driving, is indeed serious. It’s crucial to seek legal representation promptly. A skilled lawyer can help navigate the legal complexities, assess the evidence against you, and advocate for your rights in court. They can also provide guidance on potential defences and strategies to mitigate the consequences you might face. When dealing with such serious allegations, having a knowledgeable legal professional by your side is essential to ensure a fair and just outcome.
- Assessing whether the standard of driving amounts to ‘Dangerous’ or ‘Careless Driving’
- Assessing the strength of the Prosecution evidence
- Identifying discrepancies within the Prosecution case
- Considering the driving of other road users at the time
- Assessing the probability
Contact Us
- 0121 609 7011
- [email protected]
- IB Legal, West Midlands House, Gipsy Lane, Willenhall, WV13 2HA