MOTORING  OFFENCES                               

We advise and represent clients in relation to motoring offences, including penalty points, disqualification and court proceedings.

​

Motoring offences can have serious consequences, including fines, penalty points, increased insurance premiums, disqualification from driving and, in some cases, imprisonment. The outcome will depend on the offence, the evidence, any previous driving record and the court’s sentencing powers.

​

New Drivers

​

A driver is treated as a new driver for the first two years after passing their first driving test. If a new driver receives six or more penalty points within that two-year period, their licence will usually be revoked by the Driver and Vehicle Licensing Agency. This is different from a court-imposed disqualification. If a licence is revoked, the driver will usually need to apply for a provisional licence and pass both the theory and practical driving tests again.

​

New drivers may be affected by offences such as:

• speeding;

• driving without due care and attention;

• failing to stop or report an accident;

• using a mobile phone while driving;

• driving without insurance; and

• other offences that carry penalty points or disqualification.

​

We can explain the likely consequences, advise on plea and mitigation, and represent you in court where required.

​

Penalty Points and “Totting Up”

​

If a driver accumulates 12 or more penalty points within a three-year period, the court must usually impose a disqualification under the “totting up” rules. The minimum disqualification is usually six months.

​

In some cases, it may be possible to argue that a disqualification would cause exceptional hardship. This means hardship that goes beyond the ordinary inconvenience caused by losing a driving licence. The court will consider the evidence and decide whether to reduce or avoid a disqualification.

​

We can advise whether an exceptional hardship argument may be available and assist with preparing evidence for the court.

​

Offences Involving Mandatory or Possible Disqualification

​

Some offences can result in immediate disqualification. These may include:

• drink driving;

• drug driving;

• dangerous driving;

• failing to provide a specimen;

• driving while disqualified; and

• serious speeding offences.

​

We can review the evidence, advise on the available options and represent you in court.

​

Early Return of a Driving Licence

​

In some cases, a person who has been disqualified from driving may be able to apply to the court for the early return of their licence. Eligibility depends on the length of the disqualification and the time already served.

We can advise whether an application may be available and assist with preparing and presenting the application.

 

How We Can Help

​

We can assist with:

• reviewing the allegation and evidence;

• advising on plea;

• explaining the likely penalties;

• preparing mitigation;

• advising on exceptional hardship arguments;

• advising on special reasons arguments, where applicable;

• representing you at court hearings;

• advising new drivers on licence revocation; and

• applications for early return of a driving licence.

​

Information about our fees is available on our Fees page. We will provide clear costs information before work begins.​