For many people, a driving licence is an essential part of their job. Many people find themselves at risk of losing their licence if they receive 12 or more penalty points in any 3-year period. In such cases, the driver is at risk of disqualification for 6 months and will be disqualified unless a Court can be persuaded to accept that there are ‘exceptional hardship reasons’ for not disqualifying.
We have built up quite a reputation in dealing with people in this position.
In certain cases we are able to advance ‘special reasons’ arguments for not endorsing someone’s licence or for not disqualifying someone. Many people find themselves driving a vehicle without any insurance, quite inadvertently. Perhaps their monthly debit payment has not been received by the insurance company and suddenly they are without insurance, quite possibly without even knowing it. Such an offence carries between 6 and 8 penalty points. If that person already has points on their licence they may well be at risk of disqualification for 6 months.
New Driver Disqualification
Any young drivers are subject to the New Driver Provisions (which say that if a new driver acquires 6 or more penalty points within the first 2 years of driving, then the driving licence will be revoked and it will be necessary to re-sit both theory and practical driving test). In many cases we are able to advise the best course of action to take at Court, in order to avoid reaching 6 points.
Dangerous Driving & Driving Without Due Care and Attention
We have considerable experience in dealing with cases of dangerous driving or driving without due care and attention and the very unfortunate cases of drivers being charged with causing death by dangerous driving or death by driving without due care and attention. Convictions for such serious matters often carry not only lengthy driving disqualifications but also prison sentences.
Using a mobile Phone
It is an offence to use a mobile phone, or indeed any kind of hand held communication device, while driving in the UK. While the term ‘use’ is broadly interpreted by the courts, the word generally refers to interacting with the device, specifically texting, calling, emailing or browsing the internet.
The sentence is 3 penalty points and a fine up to a maximum of £1,000 depending on the circumstances. There are many ways we can help fight your case if you confirm to us that you were not using the mobile device and place doubt in the court’s mind as to whether an offence has been committed. Before the magistrates convict you, they must be satisfied beyond reasonable doubt.
Reducing Lengthy Driving Disqualifications
We are able to assist people who receive lengthy driving disqualifications to apply to the Court for the early return of their licence on if there are grounds for doing so (if a driver faces a disqualification of more than 2 years then after he has served 2 years of disqualification, an application to the Court for the early return of his licence can be made). This is particularly relevant for drivers who commit a second drink related driving offence within a 10 year period where the minimum disqualification is one of 3 years. After serving 2 years, in appropriate cases it may be possible to apply to the Court for the early return of the licence. If a disqualification is imposed for 4 years or more, once the driver has served half of his disqualification, such an application may be made.
Many people choose to go to Court without representation or without even taking legal advice before doing so. This is particularly common in Road Traffic cases. Many of our cases involve appeals on behalf of people who then instruct us after the damage has been done. In such cases we do our best to overturn a conviction or a sentence which may have involved a disqualification. Our advice however would always be to instruct Williamsons before you go to Court.
If you would like to view our fixed-fee pricing details and Solicitor hourly rates for Motoring Offences then please click here.W