The road traffic regime
Road traffic offences are governed by the Road Traffic Act 1988 and a wider framework of regulations covering construction and use, insurance, and licensing. Penalties range from fixed penalty notices and penalty points to lengthy disqualifications and imprisonment. The ‘totting up’ procedure disqualifies drivers who accumulate 12 or more points within three years, making even minor offences consequential for professional drivers — and for anyone whose licence is essential to their work or family life.
Offences we handle
- Drink driving — driving or being in charge with excess alcohol (s.5)
- Drug driving — driving with specified controlled drugs in the body (s.5A)
- Failing to provide a specimen (s.7)
- Dangerous driving and causing death by dangerous driving
- Careless or inconsiderate driving (s.3)
- Causing death by careless or uninsured driving
- Speeding and speed camera offences
- Driving without insurance (s.143)
- Driving whilst disqualified
- Using a mobile phone while driving
- Failing to stop or report an accident
- Driving without a valid licence or MOT
- Totting up and exceptional hardship applications
How we help
- Advice on whether to accept a fixed penalty or contest the matter
- Representation in the Magistrates’ Court and Crown Court
- Special reasons and exceptional hardship arguments to avoid disqualification
- Challenging the reliability of breath, blood, and drug testing procedures
- Scrutinising the procedure — from the roadside stop to the station evidential machine
- Defending causing death by driving cases with full expert evidence
- Protecting the licences of professional, HGV, and public service vehicle drivers
- Advising on rehabilitation courses and reduced disqualification periods
Protecting your licence
For many, a driving licence is essential for work and family life. We build exceptional hardship arguments — demonstrating the impact of disqualification on you and others — and special reasons arguments that can avoid points or disqualification despite a finding of guilt. We understand the rules and present your case to the court effectively.
Challenging the procedure
Many motoring prosecutions depend on the police following a strict procedure — the roadside breath test, the station evidential procedure, the taking of blood or urine samples, and the calibration and maintenance of testing equipment. A failure at any stage can render evidence inadmissible. We examine the custody record, the device printouts, and the officers’ accounts, and challenge the procedure where it falls short.
Serious and fatal road traffic cases
Causing death by dangerous driving, by careless driving, or whilst uninsured or under the influence are among the most serious offences on the statute book, carrying sentences measured in years. We prepare these cases meticulously — instructing accident reconstruction and forensic experts where appropriate, analysing CCTV and dashcam footage, and building a defence that leaves no avenue unexplored.
Frequently asked questions
A conviction for driving with excess alcohol carries a minimum 12-month disqualification, increased to 3 years if you have a previous conviction within 10 years. The court can offer a rehabilitation scheme (drink-drive referral) in some cases. We advise on whether the procedure was followed correctly and whether any defence is available.
If you accumulate 12 or more penalty points within three years, the court must disqualify you for at least 6 months unless you can show exceptional hardship. Exceptional hardship must go beyond ordinary inconvenience — we present the specific impact on you and those who depend on you.
Special reasons exist where the offence is committed but, due to particular circumstances, it would be unjust to impose the normal penalty — for example driving a very short distance, or driving in a genuine emergency. We present special reasons arguments with supporting evidence where they apply.
Drug driving carries a minimum 12-month disqualification, and can result in up to 6 months’ imprisonment, an unlimited fine, and a criminal record. The court considers the seriousness, the level of the drug, and any aggravating factors. We challenge the reliability of testing procedures and the conduct of the investigation where appropriate.
Failing to provide a specimen when lawfully required is itself an offence (Road Traffic Act 1988, s.7) carrying a minimum 12-month disqualification and up to 6 months’ imprisonment. There are limited statutory defences, such as a medical reason. We advise on whether a defence applies and challenge the procedure where it was not followed correctly.
Exceptional hardship is a legal argument to avoid a totting-up disqualification. It must go beyond ordinary inconvenience — for example, loss of employment that cannot be mitigated, or serious impact on others who depend on you, such as caring responsibilities. We present the specific, evidenced impact on you and those who depend on you.
Loss of a licence can be argued as exceptional hardship where it would cause loss of livelihood that cannot be mitigated, but it is not automatic — the court considers the impact on you and on others, and whether alternatives exist. For professional and HGV drivers the consequences can be particularly serious, and we build a tailored argument to protect your livelihood.
Speeding prosecutions rely on evidence from speed cameras, police officers, or VASCAR devices. We check the calibration, the signage, the accuracy of the device, and whether the correct procedure was followed. Where the evidence is unreliable or the procedure flawed, the case can be challenged — and where it is strong, we advise on whether mitigation or a driver-awareness course is the better route.
Using a hand-held mobile phone while driving carries 6 penalty points and a £200 fine, with disqualification possible in a totting-up scenario. The law is strictly applied, but we examine whether the device was genuinely being used, whether the vehicle was being ‘driven’ at the time, and whether the officer’s observations support the allegation.
Second opinion