Driver defence

“Provides an ‘excellent level of service, and has a good pool of solicitors'.”

The Legal 500 UK 2014
Our Driver defence team has the expertise to give you the best possible advice and representation when facing criminal prosecution or the loss of your licence due to alleged road traffic offences.

Main areas of practice

Our driver defence specialist lawyers have a national reputation for successfully defending drivers facing legal action. The high standing of our legal experts in the Motoring Offences team is reflected in the fact that they are regularly asked by the media and industry groups to comment on complex cases.

The Motoring Offences team has a huge amount of experience in dealing with all types of motoring offences that include:

Significant experience

Our motoring offences team has an enviable record in its defence of motorists, often by close examination of the evidence as well as whether the correct procedures have been followed by the police and Crown Prosecution service. Examples of their success include:

  • Helping a client who mistakenly pleaded guilty to 'failing to name the driver' when she thought she was pleading guilty to a speeding offence and as a result received six penalty points. Once instructed, we had the case re-opened so that our client could plead 'not guilty' after which the Crown Prosecution Service offered no evidence. She was awarded a defendant's costs order so her costs would come out of central funds.
  • Acting for a client who dedicates the vast majority of his spare time to helping others and working on a voluntary basis for which he needs his car. He was worried that he would be disqualified from driving for six months because he had accumulated too many penalty points in a three year period. We represented our client at the Magistrates Court where it was agreed that such a disqualification would cause others, "exceptional hardship" as well as our client and so the Magistrates exercised their discretion not to disqualify him.
  • Representing a client accused of speeding. While the client disputed the accuracy of the speed check, our advice and subsequent action was to make detailed representations to the court office and the prosecuting agency highlighting the fact that the 'Notice of Intended Prosecution' had been served one day outside the 14 day statutory period and, accordingly, the statutory prohibition on conviction applied. Having considered the representations, the prosecuting agency arranged to withdraw the proceedings.
  • Representing a client facing allegations of careless driving, failing to stop after an accident and failing to report the accident to the police. Our client had maintained that he had not driven carelessly and had stopped following a minor collision which had occurred when engaged in a parking manoeuvre. He had not reported the incident to the police as the other party involved had refused to exchange details and was unaware of any damage to the other vehicle. We advised the client to offer a plea of 'not guilty' to all counts and obtained witness statements from two other occupants of the client’s motor car who had witnessed the circumstances of the incident. Our client and the witnesses gave evidence at a trial that concluded with trial our client being found not guilty on all three counts and awarded a defence costs order meaning that their costs would be paid from central funds.
  • Representing a client who, it was alleged, had failed to stop at a red light. The client denied the allegation made by two police officers. Upon careful examination of the officer's witness statements, it transpired that both officers stated that the traffic lights remained at red for 30 seconds after our client had allegedly driven through the red signal. We obtained witness statements from independent witnesses and the local traffic management office which demonstrated that the officers must have been mistaken because the entire traffic light sequence lasted for only 18 seconds. This evidence was presented to the Crown Prosecution Service, who formally dropped the case prior to the start of the trial. Our client kept his driving licence and was awarded his costs.
  • Representing a client who was charged with being drunk in charge of a motor vehicle after being found slumped in the driver’s seat of his car with the engine running after which he was arrested and subsequently found to be nearly five times over the legal limit. He pleaded not guilty to the charge on the basis that there was no likelihood of him driving whilst he was over the legal drink drive limit as he contended that there was no need for him to drive for the rest of the day. We instructed an expert to report as to when exactly he might have been back below the legal drink drive limit and successfully represented our client in court so that the magistrates found him not guilty of the charge, dismissed the case against him and ordered that his costs be paid from central funds.

“Please accept my deepest thanks for presenting such a robust defence of my case.”

Client 2013

“A firm with considerable integrity and the right approach to their business." "The team was very efficient and effective.”

Chambers UK A Client's Guide to the Legal Profession 2015

Related expertise

Our people

Related Knowledge & Resources

Motoring records to go online

News

A review of the news that driving records are going to be published online.

Young drivers could face night time driving curfew (and other restrictions) to reduce accidents

News

Tim Williamson highlights recent talks focusing on ways of reducing accidents caused by young drivers.

Thames Valley police arrests 278 motorists on suspicion of drink driving in December 2012

News

We comment on the recent media coverage of the number of motorists arrested on suspicion of drink driving in the Thames Valley area in December 2012.

The welcome announcement of special traffic courts

Tim Williamson discuss the set up of new specialist traffic courts in England and Wales.

Brake road safety

We discuss Brake's recently released best practice guidance and a fleet survey report for fleet managers in relation to young drivers at work.

Careless driving and other fixed motoring penalties consultation

We discuss the Government's response to consultation on the treatment of careless driving penalties and other motoring fixed penalties, and its implications.

Young drivers and the drink drive limit

We discuss the issues surrounding young drivers and the UK drink drive limit.

Insufficient evidence to convict under failing to provide specimens of breath

Barry Culshaw, in our Driver Defence, successfully challenges against failing to provide breath specimens for analysis.

Excess alcohol charge dismissed

We acted for a client who faced a charge of driving a motor vehicle with excess alcohol in his blood.

Client successfully challenges allegations of driving under excess alcohol

Blake Morgan's client successfully challenges allegations of driving under excess alcohol.