At Driving Offence Solicitor we provide a comprehensive legal service to motorists throughout the UK that are facing a conviction for a driving offence.
Every year, thousands of people in the United Kingdom are convicted of driving offences. Although most driving offences are not punished with a jail term, many of the given punishments can have a profound effect on the convicted person. If you have been accused of a driving offence, you should get in contact with a qualified solicitor to see how they can help you.
Being specialists in motoring offences, we can assure you our legal team will provide you with the service you need and do our utmost to help you with the motoring offence you are facing. Although it’s impossible to give a guarantee that your charge or conviction will be 100% quashed, we can confidently state that we always strive for the best result possible.
In the UK, there are a variety of different driving offences which can lead to convictions. In order for an individual to be convicted of one of these driving offences, the Prosecution need to be able to prove beyond any reasonable doubt that the offence was committed by that person. Examples of these driving offences include;
- driving under the influence of alcohol or drugs;
- careless driving;
- dangerous driving;
- driving whilst disqualified;
- driving without insurance;
- driving without a valid licence;
- failing to stop after an accident or failing to report an accident;
- and driving whilst using a mobile phone.
In order to secure a conviction, the prosecution must provide evidence which has been collected in a fair and legal manner. If any doubt is cast upon the validity of the evidence that has been submitted, then it may be possible to cast reasonable doubt on the offence itself.
The Prosecution must be able to show that the correct procedures were followed when the evidence was being collected. For example, the Prosecution must be able to prove that data collected by a speed camera is accurate and that all of the necessary calibration checks have been followed. If a police officer has failed to perform the necessary calibration checks at the beginning of their shift; or if they have not followed the manufacturer’s usage guidelines correctly then it may be possible for a driver to launch a technical defence.
It may be possible to show that there were special reasons why a driver committed one of these offences. If the Courts decide that these special reasons were adequate, then it may be possible to avoid a conviction for the offence. For example, if it can be shown that a person drove whilst under the influence of drugs or alcohol after their drink was spiked or laced with a foreign substance, then the Courts may consider this to be a special reason to acquit the accused.
Alternatively, if it can be shown that some insurance documents that were issued were written in such a way that an ordinary person would struggle to understand the documents, then it may be possible for a person who has been accused of driving without adequate insurance to mount a successful defence.
Building your Driving Offence Defence
If you have been accused of any driving offence, you should get in contact with a specialist driving offence solicitor as soon as possible. If another person has been injured because of the offence you’ve been accused of be in no doubt that they will be contacting their insurance company or even a personal injury solicitor to see whether they can make a claim for compensation against you, so do not hesitate to contact us. We will take the time to understand the intricacies of your case so that we can build a solid defence strategy. A specialist driving offence solicitor will understand all of the important clauses in the way that the law is written, so that we will be able to successfully represent you.
In some cases, it may not be possible to secure a full acquittal for a Defendant. Those who are proven to have committed a driving offence may be issued with rightful sanctions according to existing sentencing guidelines. However, it may be possible to argue for a reduction in sanctions if they seem disproportional to the nature of the offence or if the sanctions would bring extreme hardship upon the convicted person.
Sometimes, the special reasons which are used as part of the defence will not be strong enough to avoid conviction; however they may help to persuade the Courts that the Defendant should be given less severe sanctions. This may include a reduced fine, fewer penalty points or avoiding a disqualification from driving.
The Courts are often sympathetic to offenders if they are able to show that a driving ban would have a severe impact on themselves or others. If a ban would put lives or livelihoods at risk, the Courts can often use their discretion to allow the offender to avoid a lengthy ban. Examples of extreme hardship include; a driving ban meaning the loss of a job, a driving ban meaning that a primary carer was no longer able to perform their care duties; or a driving ban meaning that a person could not feasibly continue to live in their existing home. If a lawyer believes that you could be affected by extreme hardship, then they will fight to help you to avoid a disqualification.