We are frequently approached by anxious individuals seeking legal advice in respect of alleged road traffic offences. We have included some of the most frequently asked questions below.
Q. I have received a Notice of Intended Prosecution, what can you do for me?
We can advise you on what to do next. If you fail to correctly answer the Notice of Intended Prosecution properly, you may get into more trouble. We can then advise you on whether to plead guilty or not. We can also appear on your behalf at Court, giving you the best chance of a successful outcome.
Q. I will have 12 points on my licence and I risk being disqualified for at least 6 months under the penalty points system, what can you do for me?
We can advise you on whether you should receive points for the offence that you are now facing. We can then advise you on whether you might be able to avoid being banned because it would cause you exceptional hardship. We can prepare such an argument and present it for you at Court, giving you the best chance of avoiding losing your licence.
Q. I received a form asking me to name who was driving on a certain day and I have now received a Summons to appear at Court, what can you do for me?
We can explain to you why you have received the Summons. We can advise you on whether to plead guilty or not. If you are pleading not guilty, we can prepare your case and represent you at that trial to give you the best chance of being found not guilty. If you are to plead guilty, we can address the Court on your behalf in order to try to reduce the punishment you receive.
Q. I have to appear at Court for drink-driving and I risk being disqualified for at least 12 months, what can you do for me?
We can advise you on whether you should plead guilty or not (the answer may not be the one you think!). If you are guilty of drink-driving, we may be able to prepare and present at Court a “special reasons” argument on your behalf to try to avoid you losing your licence for 12 months.
Q. I passed my test within the last two years and I face having 6 points on my licence. I have been told I will have my licence taken away and that I will have to sit my test again, what can you do for me?
We can advise you on whether you should plead guilty or not. If you are pleading not guilty, we can prepare your case and represent you at that trial to give you the best chance of being found not guilty. We can also advise you on whether you will have your licence taken away as a new driver or whether you will be treated as most other drivers.
Q. I have been arrested in relation to a driving matter and I am bailed to return to the Police Station, what can you do for me?
We can go to the Police Station with you to advise you and protect your interests. If you are then to appear at Court, we can advise you whether you should plead guilty or not.
Q. I have received a Notice of Intended Prosecution for an offence of speeding and know I was driving at the time of the alleged offence. Can I refuse to name the driver on the basis that I am entitled to the right to remain silent and not to incriminate myself?
No. This has recently been tested at the European Court of Human Rights who held that the rights to remain silent and not to incriminate yourself are not “absolute rights”. The
Q. Can I avoid prosecution by pretending I haven’t received the Notice of Intended Prosecution or falsely saying I can’t remember who was driving and suggesting that someone else could have been driving?
No. You would be committing the serious offence of perverting the course of justice and if found out would face the very real prospect of not only a criminal conviction but also a prison sentence.
Q. What if I genuinely haven’t received a Notice of Intended Prosecution, or don’t know who was driving at the time of the offence?
You may have a defence. There is a statutory requirement to serve the NIP within 14 days of the offence, failing which it is invalid. This means that if, for example, there is a postal strike and as a result you do not receive the NIP until 15 days after the offence you might have a defence. However, the onus is on you to prove that the NIP did not arrive in time. Similarly, if you are able to demonstrate that you did not know and could not with reasonable diligence have ascertained who the driver was you have a defence.
Given the complexity both in terms of your responsibilities and of the defences, not to mention the potential penalties for failing to identify a driver, if you receive a Notice of Intended Prosecution it is advisable to seek immediate legal advice.
There are a number of ways in which a speeding allegation can be challenged. The majority of these are technical and require timely advice from a specialist road traffic lawyer if they are to be successfully challenged. If you require advice or have any queries please do not hesitate to contact Jeremy Scott on 0808 160 5016. In most cases free initial advice can be given and we always offer transparency and certainty with regard to the likely costs of advice and representation.
This information is not intended to constitute legal advice. Such advice can only be given if we are instructed to consider a particular set of matters or specific facts. No duty of care is assumed to any person and no liability is accepted in respect of the contents of this information.