Driving Offences

Many lawyers and solicitors claim to be specialists in road traffic matters, few are. At Aticus, our driving offence solicitors have a track record that actually stands up to scrutiny meaning we’re in a position to really help in all the following areas:

Dangerous Driving

Dangerous Driving is one of the most serious motoring offences. Your case will commence in the Magistrates Court and may be sent to the Crown Court for trial depending on how serious the court views the offence. The areas most likely to cause the court concern, known as aggravating features, are factors such as:

1. Disregarding warnings of others
2. Evidence of alcohol or drugs
3. Carrying out other tasks while driving
4. Carrying passengers or heavy load
5. Tiredness
6. Aggressive driving, such as driving too close to the vehicle in front, racing, inappropriate attempts to overtake, or cutting in after overtaking
7. Driving when knowingly suffering from a medical condition
8. Driving a poorly maintained or dangerously loaded vehicle, especially where motivated by commercial concerns

The factors, or elements of mitigation, that courts want to hear about include:

1. Offence committed within a genuine emergency
2. Speed involved in the offence not being excessive
3. Offence arising due to inexperience rather than irresponsibility of driver

The extensive experience of our driving offence solicitors determines what arguments and mitigation are presented to the court and can often assist in minimising lengthy periods of disqualification. Our experienced team have a national reputation for dealing with high net worth individuals, celebrities and sports personalities and the difficulties that status sometimes presents.

From dealing with interviews with the police to the effective representation of the client before all courts, our solicitors in Manchester and Wilmslow have the knowledge and experience to assist and get the right result for you or your business through effective defence strategies.

We always operate on a reasonable, fixed-fee cost, allowing you to make a financial assessment based on any penalties a court may impose.

Due Care

Driving without Due Care, also known as ‘Careless Driving,’ is a serious motoring offence and all cases will be heard in the Magistrates Court. Due to the severity of these types of cases, it will be unavoidable that some will sit on the borderline between dangerous and careless driving. There are many factors that can significantly increase the seriousness of an offence and our solicitors will work with you to put forward the right mitigation or vital facts on your behalf. The areas most likely to cause the court concern, known as aggravating features, are factors such as:

1. Excessive speed
2. Carrying out other tasks while driving
3. Carrying passengers or heavy load
4. Tiredness

Factors indicating greater degree of harm:

1. Injury to others
2. Damage to other vehicles or property
3. High level of traffic or pedestrians in vicinity
4. Location e.g. near school when children are likely to be present

The factors, or elements of mitigation, that courts would want to hear about include:

1. Minor risk
2. Inexperience of driver
3. Sudden change in road or weather conditions

Excess Alcohol

Driving under the influence of alcohol or drugs is a serious motoring offence. Your case will be heard in the Magistrates Court and the Court will be looking at:

• Imposing an immediate disqualification for at least a 12-month period.
• Imposing at least 2 years if the offender has had two or more disqualifications for periods of 56 days or more in the preceding 3 years.
• Imposing at least 3 years if the offender has been convicted of a relevant offence in preceding 10 years

This is, and remains, a very technical area of the law. It is vital you get the right advice, not only to understand the strength of the evidence in your case but also to advise you of what was not done at the police station. This can have a marked effect on the outcome of your case. The areas most likely to cause the court concern, known as aggravating features, are factors such as:

1. Driving upon a LGV, HGV, PSV licence etc.
2. Poor road or weather conditions
3. Carrying passengers
4. Driving for hire or reward
5. Evidence of unacceptable standard of driving

Factors indicating greater degree of harm:

1. Involved in an accident
2. Location e.g. near a school
3. High level of traffic or pedestrians in the vicinity
4. The factors, or elements of mitigation, that courts would want to hear about include:
5. Genuine emergency is established *
6. Spiked drinks defence *
7. Very short distance driven *

* even where not amounting to special reasons

Failure to furnish details of the driver

When issued with documents such as a S.172 Notice or HORT 1, the recipient is placed under a statutory obligation to provide the details of the ‘driver’ at the time of the alleged incident. If that obligation is not fulfilled the recipient of the notice can be charged with an offence before the Court.

At Aticus Law, we understand that your licence and your livelihood can be at serious risk from appearing before the court for this type of offence. Our intervention will often ensure that you receive the best possible outcome and can often mean the difference in keeping your licence and receiving a lower financial penalty.

Our driving offence solicitors have represented thousands of clients for different types of cases and have specific experience in dealing with many of the cases that have shaped the development of the law in this area.

If you want the best advice and representation in this area then speak to our team of specialist lawyers, who will guide you through your case each step of the way.

Failure to Provide

At Aticus Law we understand that your licence and your livelihood can be at serious risk from appearing before the courts. Our intervention will often ensure that you receive the best possible outcome and can often mean the difference in keeping your licence and receiving a lower financial penalty.

Our driving offence solicitors have represented thousands of clients for these types of offences and have specific experience in dealing with many of the cases that have shaped the development of the law in this area. If you want the best advice and representation in this area then speak to our team of specialist lawyers, who will then take you by the hand and guide you through your case each step of the way.

Speeding Offences

Speeding offences cases are heard in the Magistrates Court. The Court will be looking at a number of factors in order to determine whether you are indeed guilty of the offence and how it is appropriate to deal with your case. Our driving offence solicitors ensure you get the right advice in order to understand the strength of the evidence in your case, and also to advise you of any evidence missed by the Prosecuting Authority in bringing the prosecution against you. This can have a marked effect on the outcome of your case. The areas most likely to cause the court concern, known as aggravating features, are factors such as:

1. Poor road or weather conditions at the time of the alleged offence
2. Driving upon a LGV, HGV, PSV or other such licence etc.
3. Towing a caravan/trailer
4. Carrying passengers or other heavy load
5. Driving for hire or reward
6. Evidence of an unacceptable standard of driving over and above speed
7. Factors indicating greater degree of harm:
8. Location e.g. near school
9. High level of traffic or pedestrians in the vicinity

The factors, or elements of mitigation, that the court would want to hear about are factors such as:

1. The establishment of a genuine emergency

Totting (‘exceptional hardship arguments’)

‘Totting’ refers to a situation when a driver accumulates 12 or more penalty points on their licence, within a period of three years. If this happens, the court will indicate to you that they are considering imposing a disqualification from driving, for a minimum period of 6 months.
If you have previously been disqualified from driving for a period of 56 days or more within the relevant 3 year period, this will increase the ban to 12 months. If you have previously been disqualified from driving for a period of 56 days or more, on two occasions or more within the relevant 3 year period, the disqualification would be increased to 2 years.

At Aticus Law we understand that your licence and your livelihood can be at serious risk from appearing before in this type of situation. The court will provide us the opportunity to make what is known as an ‘exceptional hardship’ argument on your behalf. Our experienced team of qualified lawyers will ensure that the right arguments are made on your behalf and the correct documentary evidence placed before the Court to ensure that the Court exercises its discretion to refrain from imposing a disqualification.

Using a Vehicle with No Insurance

Facing an offence for driving a motor vehicle with no insurance policy is a serious issue. Our driving offence solicitors understand the personal and professional ramifications involved, particularly when it comes to the possible imposition of an endorsement upon your licence, or even disqualification in certain circumstances. These cases will be heard in the Magistrates Court and the Court will be looking at a number of factors in order to determine whether you are indeed guilty, and how to appropriately deal with your case. The areas most likely to cause the court concern, known as aggravating features, are factors such as:

1. Having never passed the driving test
2. Having given false details
3. Driving LGV, HGV, PSV etc.
4. Driving for hire or reward
5. Evidence of sustained uninsured use

Factors indicating greater degree of harm:

1. Involved in an accident
2. Accident resulting in injury

The factors, or elements of mitigation, that the court would want to hear about are factors such as:

1. Responsibility for providing insurance rests with another
2. Genuine misunderstanding
3. Recent failure to renew or failure to transfer vehicle details where insurance was in existence
4. Vehicle not being driven

If you are facing one of the above cases or something similar related to motoring, our experienced driving offence solicitors are trained in order to help you get the best possible outcome.