Criminal Defence Solicitors & Barristers
Driving Offences
Facing a drink driving, drug driving, or speeding charge?
What is a Driving Offence?
Driving offences are legal charges you face for breaking road rules, ranging from speeding to more serious incidents like dangerous driving.
In the UK, the law is very strict because driving is seen as a privilege, but you still have the right to a fair legal defence. A solicitor helps you by checking if the police followed the correct procedures and ensuring that equipment, such as speed cameras or breathalysers, was working accurately. They can also represent you in court to argue against a driving ban, especially if losing your licence would cause "exceptional hardship" to your family or your job.
The main goal is to protect your ability to drive and ensure that the court looks at all the facts before deciding on a penalty.
Book an initial consultation
Facing any kind of charges can be a nervous time, don't sit with the anxiety. Call us for a free initial consultation to better understand your charges, and see how we might be able to help.
Types of driving offences
Each charge carries distinct consequences and requires a tailored defence strategy.
Speeding
Driving faster than the legal limit on a public road or motorway
Drink and Drug Driving
Operating a vehicle while over the legal limit for substances
Careless and Dangerous Driving
Driving that falls below the standard of a safe driver
Licence and Document Offences
Driving without the correct legal paperwork
Mobile Phone and Tech Offences
Using a phone or driving an unsafe vehicle
Totting Up and Driving Bans
Reaching the 12-point limit within three years
Failing to Provide Information
Ignoring a police request for driver details
What You Can Expect
The following steps are a general guidance and not an exact depiction, all cases are unique and will be treated as such. At Astons Law we commit to providing you the best service for your individual case requirements.
Initial assessment
Following a call, we will run through your situation. Here you will provide all of the information to your best knowledge, an experienced professional will ask you any questions to best assess your case. You will also have the opportunity to ask any questions you may have to understand your circumstance and path forward.
Evidence scrutiny
Our team will examine the evidence brought against you; breath tests, field sobriety, dashcam footage, etc. We will thoroughly examine the evidence to determine the charges.
Procedure challenge
If possible, we will scrutinise any breaches on behalf of the police, any violations to your rights, etc. In some cases, procedural flaws can collapse cases before they are taken to a hearing.
Court representation
Astons Law will fight your corner in court.
From investigation to outcome, We're with you every step
From the moment you contact Astons Law, you're no longer facing this alone. We will guide you through every stage with clarity and purpose.
Addressing concerns and common questions
The information below is for educational purposes, and not legal advice, all cases are unique and should be treated as such.
While you have the right to represent yourself, a solicitor ensures that procedural rules are followed and that your side of the story is told effectively. In court, "saying the wrong thing" can inadvertently lead to a harsher penalty. A legal professional identifies technical defences and mitigates the risk of a ban or prison sentence.
Most minor motoring offences, such as speeding or failing to stop at a red light, result in a fine and points rather than a criminal record. However, more serious offences like drink driving, dangerous driving, or failing to provide a specimen are criminal charges. If convicted of these in court, it will appear on your criminal record.
If you reach 12 points, the court must usually impose a six-month ban. To avoid this, you must prove "Exceptional Hardship." This requires showing that a ban would cause extreme suffering to others, such as losing your livelihood or being unable to provide essential care for a family member.
For most offences, points stay on your licence for four years from the date of the offence, though they are usually only "valid" for totting-up purposes for the first three years. For serious offences like drink or drug driving, the points (and the record of the conviction) stay on your licence for 11 years.
A Fixed Penalty Notice (FPN) is an offer to settle the matter with a set fine and points without going to court. A court summons (or Postal Requisition) means the matter is more serious or has been contested, and you must appear before a magistrate to have the case heard.
Legal Aid is rarely available for minor driving offences. It is generally only granted for very serious cases where there is a real risk of a prison sentence or if the defendant is particularly vulnerable. Most people facing motoring charges will need to fund their own legal defence privately.
Ignoring a Section 172 notice is a separate, serious offence. Even if the original speeding charge was minor, failing to provide the driver's details usually results in 6 penalty points and a significant fine. You are legally required to respond to these notices within 28 days.
Under the current 2026 rules, there is a stronger focus on community-based punishments and "suspended sentences" for first-time offenders in mid-level cases. This means that with the right legal representation, even serious charges may result in rehabilitation or community work rather than immediate custody.