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 of all proofs that you are legally entitled to drive your vehicle on the road where they can show that you have driven this. Where supervising a learner driver you can be required to produce a driving licence. Any police officer of any rank can require sight of your driving licence and traffic wardens also generally have the same power.

What happens if I can’t produce?

If you do not produce within 7 days you have committed an offence. If you have good reason for not having produced them then that is a potential defence. You need to take advice, so contact us now.

The Penalty Points/Disqualification System

Various offences allow the Court to endorse your license with penalty points and you should check out our guide on this. The Court can also ban for almost any offence and you may lose your licence if you accumulate too many points.

Usually there will be a range of sentencing powers available to the Court and you should check out our offence guides for details of specific offences. The Court also has the power not to give points in appropriate cases. We can assist you in that respect to try and keep the sentence as low as possible, either arranging representation on the day or by written submission to the Court.

If I have got 12 penalty points will I always be banned?

This is referred to as totting and if the points tot up to 12 you are likely to be banned unless you can show you have exceptional mitigating circumstances for the Court to exercise its discretion otherwise. You almost certainly need legal advice.

What happens if I drive whilst disqualified?

Pack your toothbrush before you go to Court. Upon disqualification you are given a very clear warning as to what the consequences of driving whilst disqualified are, namely a maximum fine of £5,000.00 and up to 6 months imprisonment. You need help and should ring us for advice.

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.