Motor Offence Frequently Asked Questions
What happens if you reach 12 or more points on your licence?
If you are at risk of 12 or more points on your licence, you could be facing a minimum 6 month driving disqualification, however our legal team can present an exceptional hardship argument if applicable. ( see below for details )
Can our legal team help avoid a driving ban or driving disqualification?
Yes we can! our specialist motor defence legal team can put forward mitigation to help avoid a driving ban even if you were guilty of the offence.
What is exceptional hardship?
Exceptional hardship is an argument used in court to show that losing your driving licence would cause exceptional hardship to yourself or a third party such as family members.
Examples of exceptional hardship?
- You may lose your job
- You could lose your house
- May not be able to care for loved ones
Examples can be wide ranging depending on each individual client. We will explore all avenues in great detail to ensure your case is prepared to the highest standard.
What is a Notice of Intended Prosecution?
A notice of intended prosecution (NIP) informs a possible defendant their vehicle was involved in a motor offence. The letter asks to confirm who was driving the vehicle when the offence took place.
What is a Single Justice Procedure Notice?
A single justice procedure Notice (SJPN) is a process used to commence court proceedings for a motor offence. On this document you can choose to plead either guilty or not guilty of the motor offence. You only have 21 days to complete this document from the date it was issued.
What are the penalties for drug and drink driving?
The minimum drink / drug driving ban is a 12 month disqualification. Depending on the levels in your body, previous convictions and aggravating factors, the sentencing can range from 1-5 years disqualification as well as a community order or a prison sentence.
We strongly recommend having representation at court, the prosecution will always seek the strongest punishment.
I have been caught speeding 102mph on a motorway, am I at risk of a driving ban?
With that particular speed, you would be looking at a discretionary driving ban however our legal team can argue and present an exceptional defence.
What is the speed awareness course limit?
The speed of the offence must fall within the criteria stated below:
30 mph up to and including 42 mph.
40 mph up to and including 53 mph.
50 mph up to and including 64 mph.
How often can I go on a speed awareness course?
Once every 3 years.
What are the legal fees to represent you?
We do not want your money unless we can genuinely help, therefore we do not charge you for initial legal advice or to answer your initial questions.
We offer highly competitive fixed fees. Please click here to view our fee structure. We offer flexible payment terms if required. Please ask our team for further information.
Please note we only deal with cases on a private fee paying basis.
If your case is successful at trial then we may be able to recover a portion of your legal fees following a Defence Costs Order.
What offences can our motor defence legal team defend for you?
- Drink Driving
- Drug Driving
- Failing to Provide
- Failure to Identify the Driver
- Careless or Dangerous Driving
- Driving without Insurance
- Using a mobile phone whilst driving
- Totting up Ban
- Any other endorsable offence
Can I get Legal Aid?
It depends on the case. Legal aid is rarely granted for motoring offences in the magistrates' court, such as speeding. However, for more serious driving offences where there is a serious risk of prison legal aid may be available. We do not deal with legal aid cases, but we can represent you privately if you wish.
Our success rate?
We pride ourselves in having one of the most talented team of solicitors and legal representatives. At Hadi Law Solicitors we aim to offer the best legal support to all our clients, with a very high success rate.
We are here to help.
Thank you for taking the time out to read our FAQ’s. You can call us on 01772 447000 for free intial legal advice, or contact us on whatsapp or by completing a form on our website.
Hadi Law Solicitors
Second Floor, Enterprise House,
Salter Street, Preston, Lancashire, PR1 1NT