Driving & Motoring Offence Solicitors
Facing a Driving or Motoring Offence Allegation?
Being accused of a driving offence can be stressful and overwhelming. Losing your licence can have serious consequences for your career, family, and personal freedom.
At MC Solicitors, we specialise in defending clients against a wide range of motoring offences, from speeding and drink driving to dangerous driving and driving without insurance. Our expert solicitors provide clear, practical advice and work tirelessly to protect your licence and reputation.
Contact us for confidential legal support.
Section 3 — Road Traffic Act 1988
Driving without Due Care and Attention (Careless Driving)
Section 3 of the Road Traffic Act 1988 relates to the offence of driving without due care and attention or without reasonable consideration for other users of the road or public place. Section 168 requires a person alleged to have committed this offence to give their details to any person having reasonable grounds for obtaining them.
Offences
If a person drives a mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or public place, he is guilty of an offence.
Road Traffic Act 1988, s 3
Points to Prove
- drove mechanically propelled vehicle
- on road/other public place
- without due care and attention/reasonable consideration for other road users
Defences
The defences of automatism, unconsciousness and sudden illness, duress, sudden mechanical defect, assisting in the arrest of offenders, and taking part in an authorised motoring event may be used.
Traffic Fixed Penalty Notice (TFPN) £100 and licence endorsed with 3 penalty points
Allocation and Punishment
Magistrates’ CourtDiscretionary disqualification, obligatory endorsement—3 to 9 penalty points
Maximum punishment 6 months’ imprisonment
Section 5 — Road Traffic Act 1988
Drive/Attempt to Drive/in Charge While Over the Prescribed/Specified Limit - Alcohol
Section 5 of the Road Traffic Act 1988 provides the offences of driving, attempting to drive, and being in charge of a motor vehicle on a road or public place while over the prescribed limit of alcohol in blood, breath, or urine.
Offences
If a person –
(a) drives or attempts to drive a motor vehicle on a road or other public place, or
(b) is in charge of a motor vehicle on a road or other public place,
after consuming so much alcohol that the proportion of it in his breath, blood or urine exceeds the prescribed limit he is guilty of an offence.
Road Traffic Act 1988, s 5(1)
Points to Prove
- drove/attempted to drive/in charge of motor vehicle
- on a road/public place
- proportion of alcohol in blood/breath/urine exceeded prescribed limit
Prescribed limit
For driving offences, the limits are:
• 35 microgrammes of alcohol in 100 millilitres of breath
• 80 milligrammes of alcohol in 100 millilitres of blood
• 107 milligrammes of alcohol in 100 millilitres of urine
Defence – Being in Charge
It is a defence for a person charged with an offence under subsection (1)(b) above to prove that at the time he is alleged to have committed the offence the circumstances were such that there was no likelihood of his driving the vehicle whilst the proportion of alcohol in his breath, blood or urine remained likely to exceed the prescribed limit.
Road Traffic Act 1988, s 5(2)
Allocation and Punishment
Magistrates’ Courts 5(1)(a) offence 6 months’ imprisonment and/or a fine not exceeding level 5 on the standard scale
Obligatory disqualification, obligatory endorsement—3 to 11 penalty points
s 5(1)(b) offence 3 months’ imprisonment and/or a level 4 fine
Discretionary disqualification, obligatory endorsement—10 penalty points
Section 5A — Road Traffic Act 1988
Drive Motor Vehicle While Over the Specified (Drugs) Limit
Section 5A of the Road Traffic Act 1988 provides the offences of driving, attempting to drive, and being in charge of a motor vehicle on a road or public place while over the specified limit of a specified controlled drug in blood or urine.
Offences
(1) This section applies where a person (‘D’)—
(a) drives or attempts to drive a motor vehicle on a road or other public place, or
(b) is in charge of a motor vehicle on a road or other public place, and there is in D’s body a specified controlled drug.
(2) D is guilty of an offence if the proportion of the drug in D’s blood or urine exceeds the specified limit for that drug.
Road Traffic Act 1988, s 5A
Points to Prove
- drove/attempted to drive/in charge of motor vehicle
- on a road/public place
- proportion of specified controlled drug in blood/urine
- exceeded specified limit for that drug
Specified controlled drug/limit
The Drug Driving (Specified Limits) Regulations 2014, reg 2 (SI 2868/2014) provides for the limits for various drugs.
Defences
(3) It is a defence for a person (‘D’) charged with an offence under this section to show that—
(a) the specified controlled drug had been prescribed or supplied to D for medical or dental purposes,
(b) D took the drug in accordance with any directions given by the person by whom the drug was prescribed or supplied, and with any accompanying instructions (so far as consistent with any such directions) given by the manufacturer or distributor of the drug, and
(c) D’s possession of the drug immediately before taking it was not unlawful under section 5(1) of the Misuse of Drugs Act 1971 (restriction of possession of controlled drugs) because of an exemption in regulations made under section 7 of that Act (authorisation of activities otherwise unlawful under foregoing provisions).
(4) The defence in subsection (3) is not available if D’s actions were—
(a) contrary to any advice, given by the person by whom the drug was prescribed or supplied, about the amount of time that should elapse between taking the drug and driving a motor vehicle, or
(b) contrary to any accompanying instructions about that matter (so far as consistent with any such advice) given by the manufacturer or distributor of the drug.
(5) If evidence is adduced that is sufficient to raise an issue with respect to the defence in subsection (3), the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.
(6) It is a defence for a person (‘D’) charged with an offence by virtue of subsection (1)(b) to prove that at the time D is alleged to have committed the offence the circumstances were such that there was no likelihood of D driving the vehicle whilst the proportion of the specified controlled drug in D’s blood or urine remained likely to exceed the specified limit for that drug.
(7) The court may, in determining whether there was such a likelihood, disregard any injury to D and any damage to the vehicle.
Road Traffic Act 1988, s 5A
Allocation and Punishment
Magistrates’ Courts 5A(1)(a) offence 51 weeks’ imprisonment and/or a level 5 fine
Obligatory disqualification, obligatory endorsement—3 to 11 penalty points
s 5A(1)(b) offence 51 weeks’ imprisonment and/or a level 4 fine
Discretionary disqualification, obligatory endorsement—10 penalty points
Section 87 — Road Traffic Act 1988
Driving Not in Accordance with a Driving Licence
Section 87 of the Road Traffic Act 1988 requires all people driving a motor vehicle on a road to hold a driving licence for that class of vehicle and to comply with any conditions attached to it.
Offences
(1) It is an offence for a person to drive on a road a motor vehicle of any class otherwise than in accordance with a licence authorising him to drive a motor vehicle of that class.
(2) It is an offence for a person to cause or permit another person to drive on a road a motor vehicle of any class otherwise than in accordance with a licence authorising that other person to drive a motor vehicle of that class.
Road Traffic Act 1988, s 87
Points to Prove
s 87(1) offence
- drove motor vehicle
- on a road
- otherwise than in accordance with licence
- authorising driving of that class of vehicle
s 87(2) offence
- caused/permitted
- another person to commit s 87(1) offence
Traffic Fixed Penalty Notice (TFPN)
Allocation and Punishment
Magistrates’ CourtMaximum 6 months’ imprisonment
s 87(1) offence Level 3 fine. Discretionary disqualification, obligatory endorsement—3 to 6 penalty points
s 87(2) offence Level 3 fine
Section 103 — Road Traffic Act 1988
Driving While Disqualified
Obtain licence/drive on a road—while disqualified
Section 103 of the Road Traffic Act 1988 creates the offences of obtaining a driving licence while disqualified from driving and driving a motor vehicle on a road while so disqualified.
Offences
A person is guilty of an offence if, while disqualified for holding or obtaining a licence, he—
(a) obtains a licence, or
(b) drives a motor vehicle on a road.
Road Traffic Act 1988, s 103(1)
Points to Prove
- while disqualified for holding/obtaining a licence
- obtained a licence/drove a motor vehicle on a road
Meanings
Disqualified
Means disqualified for holding or obtaining a licence and, where the disqualification relates only to vehicles of a particular class, a licence to drive vehicles of that particular class.
Allocation and Punishment
Magistrates’ Courts 103(1)(a) offence Level 3 fine
s 103(1)(b) offence 6 months’ imprisonment and/or a fine not exceeding level 5
Discretionary disqualification, obligatory endorsement—6 penalty points
Driving & Motoring Defence
Section 172
Under Section 172 of the Road Traffic Act 1988, the police can require the registered keeper of a vehicle – or anyone else with relevant knowledge – to identify the driver of a vehicle at the time of an alleged offence.
Failing to provide this information is a separate offence, punishable by 6 penalty points and a fine of up to £1,000. In some cases, this can have more serious consequences than the original allegation. For example, a speeding ticket may carry only 3 points, but failing to respond under Section 172 carries 6.
Conviction Code: MS90
Penalties for Failing to Name the Driver
If convicted, the court may impose:
- 6 penalty points on your licence
- A fine of up to £1,000
- A possible disqualification in serious cases
For businesses, a conviction usually results in a substantial fine. Although companies cannot receive penalty points, directors, company secretaries, or managers may also be prosecuted if the failure to respond was due to their negligence or connivance.
Statutory Defences
Statutory Defences
There are only two statutory defences available under Section 172.
1. Reasonable Diligence
The law recognises that it may not always be possible to identify who was driving at the time of an alleged offence, particularly where a vehicle is shared. In these situations, you may avoid conviction if you can demonstrate you used reasonable diligence but were still unable to name the driver.
What does reasonable diligence mean? Courts usually interpret it as “doing your best.” It does not require the impossible, but you must show you took all sensible steps that a reasonable person would take in the circumstances.
Examples of reasonable diligence include:
- Asking the police for photographic evidence to help confirm who was driving.
- Checking diaries, work schedules, phone records, or receipts from the relevant date.
- Speaking to all insured drivers who could have used the vehicle.
- Looking at maps or journey details, especially if drivers swapped during a trip.
- Keeping, or attempting to keep, a log if the vehicle is frequently shared.
Burden of proof: Unlike most offences, the responsibility is on you to prove this defence on the balance of probabilities – meaning it must be more likely than not that you genuinely tried your best.
Limits of the defence:
- Simply saying “I don’t know who was driving” will not succeed.
- A lack of effort will almost always result in conviction.
- Nominating someone without certainty, or inventing a driver, risks a charge of perverting the course of justice, which carries the risk of imprisonment.
- Naming an uninsured driver could lead to an additional offence of permitting someone to drive without insurance.
In short, reasonable diligence means being able to demonstrate that you did everything reasonably possible to identify the driver but could not.
2. Not Reasonably Practicable
You may also have a defence if it was not reasonably practicable to provide the driver’s details within the 28-day deadline. Examples include:
- The notice was never received.
- The request was delayed in the post.
- Circumstances beyond your control prevented a response in time.
If you later provided the details as soon as it was reasonably practicable, this may still form a valid defence.
Corporate Liability
Section 172 and Companies
Where a company is the registered keeper of a vehicle, it must have reliable systems in place to track who is driving. Without this, it will be very difficult to rely on a diligence defence.
Examples of record-keeping systems include:
- Logbooks
- Key sign-out processes
- Digital fleet management tools
In some industries, such as construction or trades where vehicles are frequently shared, it may not always be practical to keep detailed logs. Courts may accept this if the company can show it was not reasonably practicable in the circumstances, or if a system was in place but failed through no fault of management.
Additional Considerations
Other Situations
Response not received – If you can show that you properly completed and posted the form, this may create reasonable doubt.
- Non-keepers – If you are not the registered keeper, you only need to provide information within your power to give. The prosecution must prove you withheld details.
- False claims – Providing inaccurate or misleading information can amount to perverting the course of justice, a very serious offence that can carry imprisonment.
Why Section 172 Matters
For individuals, the penalty is often harsher than the original offence.
For businesses, a conviction can mean very large fines and reputational damage.
For directors and officers, there is a real risk of personal liability.
Driving & Motoring Defence
Motoring Law
Under UK motoring law, drivers who accumulate 12 or more penalty points within a three-year period face a mandatory driving disqualification of at least six months. This process is known as totting up.
For many drivers, a totting up ban can have devastating consequences — leading to loss of employment, business difficulties, or severe personal impact. However, in certain circumstances, you may be able to avoid disqualification by making an Exceptional Hardship Argument.
Single Justice Procedure Notice (SJPN)
Totting Up & Exceptional Hardship
Section 172 — Failing to Provide Driver Information
If you fail to identify the driver of a vehicle when asked, you could face 6 penalty points and a fine of up to £1,000. Our guide explains the law, the two statutory defences, and how individuals and companies can respond.
Single Justice Procedure Notice (SJPN)
An SJPN allows a magistrate to deal with your case on paper, without a court hearing. Find out how to respond, when to attend court, and the risks of ignoring it.
Statutory Declaration
If you’ve been convicted of an offence without knowing about it, you may be able to set aside the conviction and reopen your case with a Statutory Declaration. Learn the process and the deadlines involved.
Special Reasons Arguments
Even if you’re guilty of an offence, you may avoid penalty points or a ban if there are special reasons, such as emergencies or short-distance driving. Our guide explains what counts and how to prepare your case.
Totting Up & Exceptional Hardship
Reach 12 points in three years and you face a six-month ban. Exceptional Hardship arguments can reduce or avoid disqualification if the consequences are severe. Learn what qualifies and what evidence is needed.
Reopening a Magistrates’ Court Case
If you were convicted unfairly or without knowing about a case, it may be possible to have it reopened. Discover the process and how we can help you put your defence forward.
Discretionary Driving Bans
For serious offences like high-speed driving, courts can impose a discretionary ban instead of penalty points. Find out when this applies, how long bans usually last, and how to minimise the impact.
Time Limits in Motoring Cases
Motoring prosecutions must follow strict time limits – 14 days for a Notice of Intended Prosecution, 28 days to respond to Section 172, and 6 months to begin proceedings. Learn how missed deadlines could affect your case.
Full Details of Time Limits in Motoring Cases
Facing a Motoring Allegation?
From Section 172 Notices and Single Justice Procedure Notices (SJPNs) to Statutory Declarations and Special Reasons Arguments, our solicitors have the expertise to protect your licence.
We also handle Totting Up & Exceptional Hardship appeals, Reopening Magistrates’ Court Cases, and Discretionary Driving Bans, while ensuring Time Limits are properly observed.
Licence Protection and Defence Strategies
For many clients, keeping their driving licence is essential for work, family, and daily life. We focus on protecting your licence wherever possible.
In defending allegations, we may:
- Challenge the accuracy of speed detection devices or test results
- Question whether police followed correct procedures
- Review calibration certificates and maintenance records for equipment
- Present mitigating circumstances to reduce penalties or avoid disqualification
Every case is different — but having expert solicitors who understand driving law and how to protect your licence can make all the difference.
Why Choose MC Solicitors?
Choosing the right solicitor can make all the difference to your future. Here’s why clients trust us:
Specialist motoring offence solicitors with decades of experience
Proven track record in avoiding bans and reducing penalties
Fast, responsive service when time limits are tight
Complete confidentiality at every stage
Practical, jargon-free advice that’s easy to understand
We know that losing your licence can change everything. Our expert solicitors are here to fight your corner and protect your future.
The Legal Process: What to Expect
If you’re accused of a driving or motoring offence, understanding the process can ease the stress and help you make the right decisions from the start.
1Police Stop or Investigation
Motoring allegations often begin with a roadside stop, fixed penalty notice, or a Notice of Intended Prosecution (NIP). If you’re contacted by the police:
- Do not respond or attend an interview without legal advice
- We will guide you on how to respond to requests for information
- Our solicitors will ensure your rights are protected from the outset
2Police Interview or Charge
Depending on the offence, you may be invited to a voluntary interview or charged immediately. At this stage:
- We’ll review the evidence, from speed detection readings to blood or breath tests
- Our team will prepare you for questioning and attend the interview with you
We’ll advise whether to answer questions, provide a statement, or remain silent
3Preparing Your Defence
If your case proceeds, we will:
- Analyse all evidence against you, including police procedure, roadside testing, and witness accounts
- Identify any errors, inconsistencies, or technical defences (such as faulty speed cameras or incorrect calibration)
- Collect supporting evidence and expert reports where appropriate
- Work with experienced Barristers to build the strongest possible defence
4Court Representation
Driving offences can be heard in the Magistrates’ Court or, for the most serious allegations, in the Crown Court. We will:
- Present your defence clearly and effectively
- Highlight mitigating circumstances to reduce penalties or avoid a ban
- Ensure you are supported and represented throughout the proceedings
FAQs
Is it illegal to use a hands-free device while driving?
Using a hands-free device is legal, but if it causes you to be distracted and affects your driving, you can still be charged with careless or dangerous driving.
What’s the maximum sentence for speeding?
Most speeding offences result in fines and penalty points, but excessive speeding can lead to a driving ban or, in extreme cases, imprisonment.
What’s classed as excessive speeding?
Excessive speeding usually means driving at 45% or more over the speed limit. For example, doing 80mph in a 50mph zone could result in a ban rather than just points.
What’s the difference between careless driving and dangerous driving?
- Careless driving – Driving that falls below the standard expected of a competent driver.
- Dangerous driving – Driving that falls far below the expected standard and puts others at serious risk.
Do you get a criminal record for drink driving in the UK?
Yes. A conviction for drink driving will appear on your criminal record and can affect your employment and travel opportunities.
Is it safe to drive after one beer?
Even small amounts of alcohol can affect your driving. There’s no guaranteed safe limit — the safest approach is not to drive after drinking.
Can you refuse to be breathalysed?
Refusing a breath, blood, or urine test is a separate offence and can lead to heavier penalties, including driving bans.
What happens if you crash without insurance in the UK?
Driving without insurance is illegal. If you’re involved in a crash while uninsured, you may face fines, penalty points, and even prosecution.
What happens if I wasn’t driving the vehicle at the time of the offence?
If you receive a Notice of Intended Prosecution, you must identify the driver. Failing to do so can result in six penalty points and a fine.
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