The purpose of these guides is to provide background information in relation to motoring offence procedure. They differ from our offence guides, which provide specific information on motor offences themselves, motoring offence penalties and possible defences.

The guides are not intended as a substitute for proper advice, but should give you a better understanding of the legal system and enable you to put any advice you receive into context.

Appeals

Guide to Appeals If you are unhappy about the decision made in your case you may be able to appeal against the decision to a higher court. There is an absolute right to appeal from a decision in the Magistrates’ Court. There must be proper grounds for making an appeal from the Crown Court. There…

Exceptional Hardship

Guide to Exceptional Hardship ‘Exceptional Hardship’ is a specific legal term to take into account the fact that the punishment may not fit the crime. It therefore allows the Court to consider your overall circumstances and the effect the punishment may have on others when considering the appropriate punishment. The exceptional hardship provisions only apply…

Frequently Asked Questions

Frequently Asked Questions Do I have to accept the prosecution’s evidence? No, you are entitled to challenge the prosecution to prove the case against you. However, a lot of challenges can be very technical and we can deal with this upon your behalf. What are Document Offences? The police have the right to demand production…

Getting a Licence Back

Guide to getting your licence back after being disqualified When your disqualification period is over, the Driver and Vehicle Licensing Agency (DVLA), will automatically send to you the necessary application forms to re-apply for the return of your driving licence 56 days before the period of disqualification ends. This will also remove any expired endorsements…

Glossary of Legal Terms

A Accused The person charged. The person who has allegedly committed the offence Acquittal Discharge of defendant following verdict or direction of not guilty Act Law, as an act of parliament Adjourned generally or sine die Temporary suspension of the hearing of a case by order of the Court (maybe for a short period, e.g….

Guide to Penalty Points

Guide to Penalty Points/Endorsement offence codes Penalty Points System Penalty points can only be added to your licence where allowed by statute. The most common example nowadays is penalty points for speeding, which range from 3 to 6. The general rule is that the penalty points remain active for 3 years. The DVLA approach requires…

Guide to Summons

A summons, for offences such as speeding, careless driving, drink driving etc… is issued in the Magistrates’ Court, although the case may then be transferred to the Crown Court. More serious offences are dealt with by arrest and charge. The summons is the formal issuing of a prosecution in the Magistrates’ Court, normally follows on…

New drivers

Guide for New Drivers The Road Traffic (New Drivers) Act 1995 affects you if you first passed a driving test on or after 1 June 1997 when it came into force. If you reach 6 or more penalty points on your driving licence within 2 years of passing your first driving test, ie during the…

Notice of Intended Prosecution (NIP) Guide

What is a NIP? A NIP, or Notice of Intended Prosecution, is used to notify you that you may be prosecuted for a road traffic offence that has been committed. A NIP can be issued verbally to the driver at the time of the offence or in written form 14 days from the date of…

Reducing Your Ban

Guide to reducing the period of your disqualification If you have been disqualified from driving for more than 2 years the law permits you to apply for a reduction in the period of your disqualification under certain conditions. Grounds need to be given to justify any reduction and you cannot apply unless one of the…

Short Bans

Short Period Disqualifications (SPD) What is a short period disqualification? Short period disqualifications (SPD) are disqualifications for any period less than 56 days (8 weeks). What happens to my licence when I get a short period disqualification? The court stamps your paper driving licence or counterpart document with the disqualification details and gives it back…

Speed Cameras

Guide to Speed Detection Devices Systems used in the UK are generally type approved and require regular calibration. You are likely to come across the following types: Cameras Usually linked to radar or sensors in the road with a back-up of lines in the road as a visual confirmation of the distance travelled over time….

Tips for Going to Court – Do’s and Dont’s

Guide to Courts We have various information on different aspects of going to Court on our website and would re-direct you as follows: For information on specific offences please go to our “Offence Guides“; If you are looking for information in relation to the court you are to attend then please click the following link…

Typical Scenarios

Guide to Typical Scenarios We have helped people facing driving bans or points in all kinds of circumstances, such as Doctors caught speeding when on call in medical emergencies, police and prison officers with special duties, parents of children who cannot get to school if they are banned, people with dependent relatives, parents living separately…

What is Exceptional Hardship?

What is Exceptional Hardship? Exceptional hardship is where a court will look at your wider circumstances when considering an appropriate punishment. This means that if a certain punishment were to have a detrimental or negative effect on other people then that punishment may be reduced. Eceptional hardship only applies where a driver is facing disqualification…

Disclaimer The contents of these pages are provided as an information guide only and are limited to offences committed in England and Wales. No responsibility is accepted for any errors, omissions, or misleading statements on these pages or any site to which these pages connect, including any feature or aspect of such site or pages, whether provided by Motor Defence Solicitors or by any organisation, company or individual. No mention of any organisation, company or individual, whether on these pages or on other sites to which these pages are linked shall imply any approval or warranty as to the standing and capability of any such organisations, company or individual on the part of Motor Defence Solicitors.