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Our specialist Motoring team have a wealth of experience in supporting clients through the entire range of motoring offences, including speeding, careless and dangerous driving and driving under the influence of alcohol or drugs.
We also act for those being investigated or prosecuted by the Driver and Vehicle Standards Agency (DVSA), and new drivers committing offences under their probationary licence.
Our specialists have extensive experience dealing with motoring offences and understand the impact losing your driving licence can have on your personal and work life.
Our approach is efficient, prompt and knowledgeable, we will guide you through the entire process and advise you on your options. We may be able to help you avoid disqualification. We will do everything we can to ensure that we obtain the best possible outcome for you.
“Totting Up”
As a full licence holder, if you accrue 12 or more penalty points in any three year period you would be disqualified under the totting provisions. The disqualification would be for a minimum period of six months. In some circumstances it is possible to persuade the court that you, or a third party, would suffer exceptional hardship as a result. If this is achieved the court can exercise its discretion to impose a shorter disqualification, or no disqualification at all. Our experts are able to advise you whether this argument is available to you, and if it is, to present the argument to the court on your behalf.
Disqualification
A number of offences carry an outright disqualification. These include drink driving, dangerous driving and failing to provide a sample. In all cases our team will carefully analyse the evidence, and advise you on your plea.
Early return of driving licence
If you have been disqualified from driving, it may be that you are able to apply for your driving licence to be returned early. We will be able to advise you whether this applies to you, and if so, how to make the necessary application.
It is incredibly important that any company or individual who is being investigated or prosecuted by the Driver and Vehicle Standards Agency (DVSA) has access to specialist legal advice at the earliest opportunity, as the consequences of a conviction can be far-reaching. We are able to offer any company, or individual, specialist and technical expert advice at every stage of the proceedings.
Common examples of cases that are regularly investigated or prosecuted by DVSA, and defended by Fosters Solicitors include the following:
We will advise and assist any company or individual who is invited to attend an interview with DVSA under caution. Interviews with DVSA can play a significant part in the outcome of any case. Our experts will provide the best possible advice at the investigation stage of the proceedings, including whether to participate in an interview – and if being interviewed, whether to answer questions or exercise a legal right to silence.
We can provide advocacy representation for prosecutions in the Magistrates Courts, the Crown Courts and appeal hearings against findings of the Traffic Commissioner. We can also represent those who are due to attend public enquiries. Our specialists regularly appear in courts across East Anglia, but will happily discuss representation in other parts of the country if required.
For the first two years of driving, a driver is known as a new or ‘probationary’ driver. The law treats new drivers differently. During the probationary period, should a driver obtain six or more penalty points their driving licence will be revoked by the Driver and Vehicle Licensing Agency (DVLA).
New drivers are often young drivers, who lack driving experience. The areas of law which most commonly affect new drivers include, driving without due care and attention, failing to stop or report an accident, and speeding. Any of these offences could lead to an outright disqualification or penalty points being imposed.
Some offences carry mandatory disqualification, whether or not the driver is a new driver. These include drink driving and dangerous driving. A new driver who accrues six or more points, and has their licence revoked, will revert to a learner driver status. There is also the likelihood of an increase in insurance premiums.
A driving disqualification would mean that the driver would be committing a serious offence should they drive any mechanically propelled motor vehicle in England and Wales. The commission of this offence often leads to a sentence of imprisonment. Loss of a driving licence can have wide ranging consequences for a new driver, including not being able to get to college or employment, and the loss of independence. New drivers are also less likely to have the experience or knowledge to know how to try and save their driving licence. It is therefore essential to ensure the best possible advice is received. Our Motoring team are experts in supporting new drivers through the variety of motoring offences.
A conviction for motoring offences is never welcome, but some motoring allegations can lead to life-changing consequences.
Over the years, Fosters Solicitors has built a reputation for its handling of complex and serious motoring cases such as causing death by dangerous driving, causing death by careless driving and dangerous driving.
Our record of successfully defending these cases is exceptional. We are happy to discuss this with you if you have any questions. Rated as a Top Tier firm by The Legal 500, our experienced team also includes ‘Leading Individuals’ named by the same publication.
Using expert evidence where appropriate (including reconstruction), we provide the fullest possible service in order to achieve the best possible outcomes for our clients.
You can complete our online form to receive a free quote direct to your inbox.
Alternatively, please call our team on 01603 620508 or click below to contact us for more information about our motoring offence services.
The Law Society awards accreditations to practitioners who meet the highest standards of technical expertise and client service in specific areas of law.
Our Partners, Chris Brown and Damien Moore, alongside Associate Natasha Baker hold the recognised standard for practitioners in criminal litigation.
We are ranked by The Legal 500 UK as a Top Tier firm for General Crime and Fraud.
Our Crime & Business Defence team are noted in The Legal 500 UK as “consistently exceptional”.
Our Motoring team consists of skilled and dedicated legal professionals who are committed to providing robust defence and expert guidance through every stage of the criminal justice process. With extensive experience in handling a wide range of motoring offence cases, our team is prepared to support you with the knowledge and tenacity needed to protect your rights and achieve the best possible outcome.
