Driving and Road Traffic Offences
Being charged with a driving or road traffic offence can be a stressful experience with the consequences potentially affecting more than just your driving licence.
We understand that these issues can affect all of us and have the specialist knowledge and expertise to guide you through the process from start to finish and beyond.
Driving and Road Traffic Offences FAQs can be found below.
Partner Michael Gupwell and Criminal Defence Solicitor Maxine Twynam are both highly experienced in assisting and successfully defending clients with both straightforward and complex driving and road traffic offences, including:
- Failure to respond to a Notice of Intended Prosecution
- Careless driving
- Dangerous driving
- Drink Driving
- Drug Driving
- Driving without insurance
- Driving otherwise than in accordance with a Licence
Michael regularly represents clients at Bristol Magistrates Court, Bath Magistrates Court and North Somerset Magistrates Court as well as other local Magistrates Courts and Crown Courts.
Get in touch
For further advice and information, please contact our Bristol office on 0117 929 2811 or email email@example.com
What do I do if I’ve received a Notice of Intended Prosecution?
If you have received a Notice of Intended Prosecution (NIP), you have 28 days to respond and it is an offence to fail to respond, when required, even if you were not the driver at the time or don’t feel that you’ve committed the offence.
The NIP must be completed carefully and signed by the party to whom it is addressed, even if you were not the driver and are nominating the person who was or are not guilty of the offence. It is not permitted to simply pass the NIP to the driver for them to complete and nominate themselves.
Failure to respond to the NIP is an offence which carries 6 penalty points and a fine.
If you’re not sure how to respond or have any other questions, please contact our Bristol office on 0117 929 2811
What do I do if I’ve received a Single Justice Procedure Notice?
Single Justice Procedure Notices are a way for the Magistrates Court to deal with minor offences, such as Speeding and/or Failure to Identify the Driver, by putting the case to a single Magistrate, or Justice of the Peace, without you necessarily having to attend Court.
You have 21 days from the date of the Notice to enter a plea to each of the offences listed in the Notice and the form will state whether or not this can be done online.
For each offence, you will have the option to plead:
- Guilty without attending Court – You must follow the instructions and complete the Statement of Means, enter any Mitigation (but not a defence) and send in your driving licence. The Court will notify you of the result and any points or fines etc. They may also call you in to an attended hearing, if there is a possibility of disqualification.
- Guilty with attending Court – You will receive a date to attend Court, but your case can proceed if you do not attend. You can enter your Statement of Means and Mitigation and submit your driving licence (if required) on the date of your hearing. You will be told the result and what you may need to do, while at Court.
- Not Guilty – You must complete the Not Guilty: Information for the Court section and identify any witness(es). The Court will notify you of the date of the trial and you must attend on that day or the Court will likely find you guilty in your absence and notify you of the result.
If you do not respond in time, or do not complete the notice correctly, the Magistrate can decide your case in your absence and you will be notified of the result, which is likely to be worse than if you respond.
If you are in any doubt about how to respond, please contact our Bristol office on 0117 929 2811.
What do I do if I’ve received a Summons or Written Requisition?
A Summons or Written Requisition is used when the alleged offence is one of the more serious offences or there is a reason why the matter must be dealt with at a Court hearing, rather than by correspondence. This could be, and often is, where there is the possibility of being disqualified if pleading or found guilty.
You will have to attend Court on the date and time provided, or the Court is likely to proceed in your absence and you may be found guilty and sentenced.
As a Summons or Written Requisitions is reserved for the more serious offences, you should contact us straightaway to see how we can help. Call our Bristol office on 0117 929 2811 for further information.
What do I do if I have been notified that I might be disqualified from driving?
If you are notified that the Court are considering disqualifying you from driving, there may be a number of reasons why.
For some offences, disqualification is inevitable, but there are many instances where this is not the case or where things are not so clear cut.
In order to give yourself the best chance of not losing your licence, you should act fast and call us as soon as you can. Call our Bristol office on 0117 929 2811 for further information.
I’ve been notified about points or a ban but I wasn’t aware of the proceedings – What should I do?
You must act quickly, as failure to act as soon as possible can be a reason for the Court refusing to re-open your case.
Contact us straightaway and we can advise on your options and the steps you can take.
If you wish to challenge the result and it is advisable for you to do so, you will need to contact either your local Magistrates Court or the Court where the proceedings took place and ask to make a Statutory Declaration as soon as possible.
You may remain disqualified until matters are resolved, so it is important not to drive until you are notified that any disqualification has been lifted as driving whilst disqualified is treated as a very serious driving offence.
For further information, contact our Bristol office on 0117 929 2811