FREQUENTLY ASKED QUESTIONS

Having an experienced drug driving solicitor like Keep My Driving Licence by your side is essential when facing drug driving charges. A drug driving lawyer specialises in defending individuals accused of driving under the influence, including drug driving cases. They understand the complexities of the law surrounding drug driving and can provide valuable legal advice and representation. In some cases, a guilty plea may be the most appropriate course of action, and a skilled Drug driving lawyer can guide clients through this process, ensuring it is done in a way that minimises the impact of the conviction. If the case goes to court, an experienced Drug driving solicitor can present evidence and arguments in the court, working tirelessly to mount a strong defence. Their knowledge of the legal system, combined with their expertise in drug driving cases, can make a significant difference in the outcome of your case. It is crucial to engage an experienced Drug driving solicitor who can navigate the complexities of drug driving laws and provide effective legal representation.

When facing drug driving charges, presenting evidence of mitigating circumstances can significantly influence the outcome of the case. Mitigating circumstances refer to any factors that may have contributed to the drug driving offence but might warrant a lesser penalty. Here are some examples of mitigating circumstances that can be considered in court:

• Accidental exposure to drugs, such as secondhand cannabis smoke or contact with certain substances, leading to a positive test result.
• Demonstrating a genuine need for prescription medicines that may have impaired driving abilities, but were taken as prescribed by a healthcare professional (possible defence).

Being able to present these mitigating circumstances can lead to reduced penalties or even a more favourable outcome in drug driving cases. The court takes into account the behaviour of drug drivers at the time of driving and any additional factors that may contribute to the offence. It is essential to work closely with legal representation to identify and present strong mitigating circumstances, ensuring that your case receives fair consideration in court

A drug driving charge can have significant implications on your record, particularly in terms of employment opportunities. Being convicted of drug driving results in a criminal record, which can be a barrier when seeking employment in certain industries, such as healthcare, law enforcement or government services. Potential employers may consider drug driving convictions when reviewing job applications, and it can have a negative impact on career prospects. Additionally, certain professions may have specified limits of certain drugs, and exceeding these limits can lead to disqualification from certain roles. It is crucial to understand the long-term consequences of a drug driving charge and its potential impact on employment opportunities.

Soliciting timely legal advice is crucial to securing suitable representation with a qualified attorney experienced in drug driving cases. It’s essential to choose legal advisors specialising in drug driving defence, with a proven track record in defending such cases and expertise in navigating legal proceedings. Retaining legal counsel familiar with the specifics of drug driving can significantly impact the outcome of the case.  Call Keep My Driving Licence on 0800 999 5535

In the UK, some police vehicles are equipped with speed cameras or mobile speed detection technology. These enable officers to enforce speed limits and identify speeding vehicles in real-time. The types of equipment used can vary, including laser guns (LIDAR), which can measure a vehicle’s speed from a distance, and in-car systems that calculate speeds by tracking how fast a vehicle passes between two points.

Additionally, police vehicles, especially those used by traffic officers, may be fitted with Automatic Number Plate Recognition (ANPR) technology. While ANPR is primarily used for monitoring and recording the movements of vehicles against various databases for enforcement and investigation purposes, it can also support speed enforcement activities by identifying vehicles associated with motoring offences, including those related to speeding.

It’s important to remember that the goal of speed enforcement is to ensure road safety and compliance with speed limits, rather than just to penalise drivers. If you find yourself accused of a speeding offence, it’s beneficial to seek legal advice. Keep My Driving Licence offers specialised legal support for those facing motoring offences. Our team of experts can provide advice, representation, and support to help you understand the charges against you, the potential consequences, and the options available to you, including any defenses or mitigating circumstances that may apply to your case.

Yes, a police car can catch you speeding. In the UK, police use various methods and technologies to enforce speed limits and catch speeding drivers. Here are some of the primary ways police cars can catch you speeding:

Onboard Speed Detection Equipment

1. Speed Radar: Many police cars are equipped with radar guns that can measure the speed of vehicles. These can be used while the police car is stationary or moving.
2. Laser Speed Guns: Laser speed guns (LIDAR) can accurately measure the speed of a vehicle from a distance and are often used by police from a stationary position.
3. VASCAR (Visual Average Speed Computer and Recorder): This system calculates a vehicle’s speed by measuring the time it takes to travel between two points. It can be used while the police car is moving or stationary.

Automatic Number Plate Recognition (ANPR)

Police cars often have ANPR cameras, which can check if a vehicle is stolen, has unpaid fines, or is involved in criminal activities. While not directly related to speed enforcement, these systems contribute to overall traffic law enforcement.

Dash Cameras

Many police cars are equipped with dash cameras that can record the speed of vehicles in front of them. These recordings can be used as evidence of speeding.

Follow Checks

In some cases, police may follow a vehicle to match its speed. If the police car maintains a consistent distance and the speedometer shows a speed over the limit, this can be used as evidence of speeding.

Mobile Speed Enforcement Units

Some police cars are designated as mobile speed enforcement units. These vehicles are equipped with advanced speed detection technology and are used specifically to patrol and monitor speed limits in various areas.

Unmarked Police Cars

Police also use unmarked cars to catch speeding drivers. These vehicles look like regular cars but are equipped with speed detection technology, allowing officers to catch drivers who might be on the lookout for marked police vehicles.

Consequences of Being Caught Speeding

If you are caught speeding by any of these methods, you may face penalties such as:

• Fixed Penalty Notice (FPN): A fine and penalty points on your driving licence.
• Court Summons: For more serious offences, you may be summoned to court, where you could face a larger fine, more penalty points, or a driving ban.
• Speed Awareness Course: In some cases, you may be offered the option to attend a speed awareness course instead of receiving penalty points.

Legal Assistance

If you are caught speeding and face legal consequences, seeking professional legal advice can be beneficial. Firms like Keep My Driving Licence can provide expert guidance and representation, helping you navigate the legal process and potentially mitigate the penalties. They can assist with:

• Understanding Charges: Clarifying the specifics of the speeding offence you are charged with.
• Representation: Offering legal representation in court to present your case effectively.
• Mitigation: Helping to present any mitigating circumstances that might reduce the severity of the penalties.
• Appeals: Assisting with appeals if you believe the speeding charge is unjust or incorrect.

Crashing your car while under the influence of alcohol is a serious offence in the UK and can lead to severe legal and personal consequences. Here’s a breakdown of what happens if you crash your car while drunk:

Immediate Consequences

1. Police Involvement:
   • Arrest: If you are involved in a crash and suspected of being over the alcohol limit, the police will likely arrest you at the scene.
   • Breath Test: You will be required to take a breath test at the scene. If you fail this test, you will be taken to the police station for further tests, such as a breathalyser or blood test.
2. Medical Attention:
   • If there are injuries, emergency services will be called to provide medical assistance. You may be taken to hospital for treatment, where blood tests can also be conducted to determine your alcohol level.

Legal Consequences

1. Charges:
   • You can be charged with several offences, including drink driving, dangerous driving, and causing death or serious injury by dangerous driving if applicable.
2. Penalties:
   • Fines: Substantial fines can be imposed.
   • Driving Ban: A mandatory driving ban, typically starting at 12 months, but it can be longer depending on the severity of the offence and whether it’s a repeat offence.
   • Imprisonment: Severe cases, especially those involving injury or death, can lead to imprisonment. For causing death by dangerous driving, the maximum penalty is 14 years in prison.
3. Points on Licence:
   • You will receive penalty points on your driving licence, which can lead to higher insurance premiums and difficulty obtaining insurance.

Insurance Consequences

1. Invalidated Insurance:
   • Most insurance policies are invalidated if you are driving under the influence of alcohol. This means you will be personally liable for any damage caused to property, other vehicles, or injuries to other people.
2. Increased Premiums:
   • If your insurance isn’t invalidated, you can expect significantly higher premiums in the future.
3. Loss of No-Claims Bonus:
   • You will likely lose any no-claims bonus you have accumulated.

Legal Assistance

Given the seriousness of crashing while drunk, seeking legal assistance is crucial. Keep My Driving Licence, a UK solicitors’ firm specialising in driving offences, can provide invaluable support. They can help in several ways:

• Legal Representation: Providing expert representation in court to ensure your case is handled as favourably as possible.
• Mitigation: Presenting any mitigating factors that could potentially reduce your sentence or penalties.
• Advice and Guidance: Offering comprehensive advice on the legal process and potential outcomes.
• Appeals: Assisting with any appeals if you believe the initial verdict was unjust.

Keep My Driving Licence can guide you through the complex legal landscape, helping you understand your rights and options, and striving for the best possible outcome given the circumstances.

If you’re unsure how long after drinking you can safely drive, it’s important to understand that the time it takes for alcohol to leave your system varies based on several factors, including your weight, metabolism, the type and amount of alcohol consumed, and whether you ate while drinking. On average, it takes about an hour for your body to process one standard unit of alcohol, but this can differ for each person.

Even if you feel fine, you could still be over the limit the next morning, especially if you’ve consumed a significant amount of alcohol. Misjudging this can lead to serious consequences, such as a drink driving charge, which could result in fines, a driving ban, or even imprisonment. To avoid this risk, it’s advisable to wait several hours or even until the next day before driving.

If you’ve been caught over the limit, contacting a drink drive solicitor like Keep My Driving Licence is essential. We can help you understand your legal options, work to protect your licence, and minimise penalties.

Yes, personal breathalysers can be used to give an indication of your blood alcohol level. However, they are not always 100% accurate. Legal limits vary, and even if a breathalyser shows a low reading, you could still be over the limit. It’s best to err on the side of caution and give yourself plenty of time after drinking before getting behind the wheel.

It’s possible to still be over the legal limit the day after drinking, especially if you’ve consumed a lot of alcohol the night before. Even if you feel fine, alcohol could still be in your system. If you’re caught driving over the limit the next day, you can be charged with drink driving and face the same penalties.

Yes, we specialise in defending individuals charged with drink driving offences. We can review your case, identify potential defences, and work to reduce or avoid penalties where possible. Contact us as soon as possible if you’ve been charged, and we’ll guide you through the process.

In some cases, we may be able to challenge the evidence against you or argue mitigating circumstances to reduce your penalty. Every case is different, so it’s important to consult with a solicitor to explore your options.

If convicted of drink driving, you may face:

• A minimum 12-month driving ban
• An unlimited fine
• A prison sentence of up to 6 months
• A criminal record

Yes, drink driving is a serious criminal offence, and a conviction can lead to severe consequences, including a driving ban, hefty fines, and even imprisonment. It can also leave you with a criminal record, which may affect your insurance, employment, and future opportunities. If you’ve been charged with drink driving, it’s crucial to get expert legal advice as soon as possible.

At Keep My Driving Licence, we specialise in defending drink driving cases. Our team can help you navigate the legal process, challenge evidence where possible, and work to protect your licence and minimise the impact of the charge.

In the UK, a drink driving conviction stays on your driving licence for 11 years if it involves serious offences like driving over the alcohol limit or refusing a breath test. This can affect job applications, background checks, and insurance during that time

At Keep My Driving Licence, we understand how a drink driving conviction can disrupt your life. Our team specialises in defending clients against drink driving charges, working to protect your licence and reduce the impact on your future. If you’re facing a conviction, contact us for expert legal assistance.

Yes, we specialise in defending individuals charged with drink driving offences. We can review your case, identify potential defences, and work to reduce or avoid penalties where possible. Contact us as soon as possible if you’ve been charged, and we’ll guide you through the process.

In the UK, a totting up ban occurs when a driver accumulates 12 or more penalty points on their driving licence within a three-year period. This results in an automatic disqualification from driving. Here’s a detailed breakdown of what happens after you receive a totting up ban:

Immediate Consequences

1. Court Appearance:
   • You will be summoned to court to face the totting up ban. The court will formally disqualify you from driving.
2. Disqualification Period:
   • The standard disqualification period is six months. However, if you have previously been disqualified, the period may be longer:
     • Six months if you’ve not been disqualified in the last three years.
     • One year if you’ve been disqualified once in the last three years.
     • Two years if you’ve been disqualified more than once in the last three years.

Exceptional Hardship

1. Pleading Exceptional Hardship:
   • During your court appearance, you may plead “exceptional hardship” to avoid the disqualification or to reduce its length. Exceptional hardship refers to the significant negative impact the ban would have on your life or the lives of others (e.g., losing your job, inability to care for dependents).
2. Evidence Required:
   • You will need to provide substantial evidence to support your claim of exceptional hardship, such as letters from your employer, financial statements, or testimonies from dependents.

After the Ban

1. Reapplying for Your Licence:
   • Once the disqualification period is over, you will need to reapply for your driving licence. This usually involves filling out an application form and paying a fee to the DVLA.
2. Insurance Premiums:
   • Your car insurance premiums are likely to increase significantly. Insurers view drivers who have been banned as higher risk.
3. Driving Record:
   • The penalty points that led to the disqualification will remain on your driving record. This means you could face another ban more easily if you accumulate additional points after your licence is reinstated.

Legal Assistance

Navigating a totting up ban and its consequences can be complex, and seeking legal advice is often beneficial. Keep My Driving Licence, a UK solicitors’ firm specialising in driving offences, can provide expert guidance and representation in such cases. They can assist with:

• Pleading Exceptional Hardship: Helping you prepare and present a compelling case for exceptional hardship, including gathering and organising necessary evidence.
• Legal Representation: Representing you in court to ensure your case is articulated clearly and effectively.
• Post-Ban Support: Advising you on how to reapply for your licence and manage the repercussions of the disqualification.

Keep My Driving Licence can offer tailored support to help mitigate the impact of a totting up ban, ensuring you understand your rights and options throughout the process.

Avoiding a totting up ban in the UK, which occurs when you accumulate 12 or more penalty points on your driving licence within three years, requires careful management of your driving behaviour and strategic legal actions if you are at risk. Here are several strategies to avoid a totting up ban:

Safe Driving Practices

1. Adhere to Traffic Laws:
   • The most effective way to avoid penalty points is to strictly follow all traffic regulations, including speed limits, traffic signals, and road signs.
2. Defensive Driving:
   • Practice defensive driving techniques, such as maintaining a safe distance from other vehicles, anticipating the actions of other drivers, and staying alert and focused on the road.
3. Avoid Distractions:
   • Minimise distractions while driving, such as using mobile phones, eating, or adjusting the radio.

Dealing with Penalty Points

1. Speed Awareness Courses:
   • For minor speeding offences, you might be offered the option to attend a speed awareness course instead of receiving penalty points. These courses educate drivers on the dangers of speeding and can prevent points from being added to your licence.
2. Contest Penalty Points:
   • If you believe a penalty is unjust, you can contest it. This may involve providing evidence or arguing your case in court. Legal assistance can be crucial in these situations.

Exceptional Hardship Argument

1. Prepare for Court:
   • If you are at risk of reaching 12 points, you can argue in court that a ban would cause “exceptional hardship.” This is not simply inconvenience but significant difficulty for you or others who depend on you.
2. Gather Evidence:
   • Collect evidence to support your exceptional hardship claim. This might include:
     • Letters from your employer detailing the potential job loss.
     • Financial records showing the impact on your livelihood.
     • Statements from dependents or others who would be significantly affected.

Legal Assistance

1. Seek Legal Advice:
   • Engaging a solicitor who specialises in motoring offences can provide invaluable support. Keep My Driving Licence, a UK solicitors’ firm, can help in several ways:
     • Assessment: Reviewing your case and advising on the best course of action.
     • Representation: Representing you in court to present a strong case for exceptional hardship.
     • Mitigation: Helping to present any mitigating circumstances that might reduce penalties.
2. Challenge Points:
   • Legal experts can help challenge the validity of penalty points, whether due to procedural errors, incorrect signage, or other defences.

Practical Tips

1. Keep Track of Points:
   • Be aware of how many points you have on your licence. This can help you make informed decisions if you are at risk of a totting up ban.
2. Avoid Risky Situations:
   • If you are close to reaching the 12-point threshold, be especially cautious and avoid risky driving behaviours.
3. Stay Informed:
   • Keep up-to-date with changes in traffic laws and regulations to ensure compliance.

By combining safe driving practices with strategic legal actions, you can effectively manage the risk of accumulating penalty points and avoid a totting up ban.

Yes, dangerous driving is a criminal offence in the UK. It is defined as driving that falls far below the standard expected of a competent and careful driver and it would be obvious to a competent and careful driver that driving in that way would be dangerous. Here’s a detailed look at the offence and its consequences:

Definition of Dangerous Driving

• Standard of Driving: Dangerous driving involves a standard of driving that is much lower than what would be expected from a competent and careful driver.
• Obvious Danger: It must be obvious to a competent and careful driver that the manner of driving is dangerous, which means there is a clear risk of harm to people or property.

Examples of Dangerous Driving

• Excessive Speeding: Driving at excessively high speeds.
• Aggressive Driving: Tailgating, weaving in and out of traffic, or road rage incidents.
• Ignoring Traffic Signals: Running red lights or ignoring traffic signs.
• Impaired Driving: Driving under the influence of alcohol or drugs.
• Using Mobile Phones: Using a mobile phone for texting or other activities while driving.

Legal Consequences

1. Court Prosecution:
   • Dangerous driving cases are prosecuted in court, and the severity of the penalties depends on the circumstances of the offence.
2. Penalties:
   • Imprisonment: The maximum penalty for dangerous driving is two years’ imprisonment.
   • Disqualification: Mandatory driving disqualification for at least 12 months.
   • Extended Re-test: Requirement to pass an extended driving test before the licence is reinstated.
   • Fines: Depending on the case, fines can be imposed.

Aggravating Factors

Certain factors can increase the severity of the penalties for dangerous driving, such as:

• Causing Serious Injury or Death: If dangerous driving results in serious injury or death, the penalties are significantly harsher, with potential for up to 14 years’ imprisonment.
• Previous Convictions: Having previous convictions for similar offences can result in stricter penalties.

Defending a Dangerous Driving Charge

Given the seriousness of a dangerous driving charge, it is crucial to seek professional legal advice. Solicitors who specialise in motoring offences, like Keep My Driving Licence, can provide essential support in several ways:

• Legal Representation: Representing you in court to ensure your case is presented effectively.
• Case Evaluation: Reviewing the specifics of your case to determine the best defence strategy.
• Mitigation: Presenting any mitigating factors to potentially reduce the severity of the penalties.
• Appeals: Assisting with appeals if you believe the conviction or sentence was unjust.

Conclusion

Dangerous driving is a serious criminal offence in the UK with significant legal consequences, including potential imprisonment, driving disqualification, and fines. If charged with dangerous driving, it is essential to seek expert legal assistance to navigate the legal process and ensure the best possible outcome.

In the UK, dangerous driving is a serious offence that carries significant penalties, including a mandatory driving disqualification and, in some cases, imprisonment. However, dangerous driving itself does not directly result in penalty points on your driving licence, as the penalties are more severe.

Penalties for Dangerous Driving

1. Driving Disqualification:
   • Dangerous driving results in a mandatory driving ban for at least 12 months.
   • After the ban, you must pass an extended driving test to regain your licence.
2. Imprisonment:
   • The maximum penalty for dangerous driving is up to 2 years’ imprisonment.
3. Fines:
   • You may also be subject to an unlimited fine, depending on the severity of the offence.

Aggravated Offences

If dangerous driving causes serious injury or death, the penalties are more severe:

• Causing Death by Dangerous Driving:
  • Up to 14 years’ imprisonment.
  • Extended driving ban.

Legal Assistance

Given the severity of dangerous driving charges, it is crucial to seek legal advice. Firms like Keep My Driving Licence can offer expert representation and help mitigate the consequences of such charges.

Causing death by dangerous driving is one of the most serious motoring offences in the UK, and it carries severe penalties. Here is a detailed breakdown of the penalties for causing death by dangerous driving:

Penalties for Causing Death by Dangerous Driving

1. Imprisonment:
   • The maximum penalty is up to 14 years in prison. The length of the sentence can vary depending on the circumstances of the offence, including the degree of negligence and any aggravating factors.
2. Driving Disqualification:
   • Mandatory disqualification from driving for a minimum of 2 years. The court may impose a longer ban depending on the specifics of the case.
   • Requirement to pass an extended driving test before the licence is reinstated.
3. Unlimited Fine:
   • The court may also impose an unlimited fine, depending on the severity of the offence and the offender’s financial circumstances.
4. Extended Test Requirement:
   • After the disqualification period, you will be required to pass an extended driving test to regain your driving licence. This test is more comprehensive than the standard driving test.

Aggravating Factors

Several factors can lead to more severe penalties, including:

• Previous Convictions: Having previous convictions for similar offences.
• High Level of Danger: Engaging in particularly dangerous driving behaviours, such as extreme speeding, aggressive driving, or racing.
• Impairment: Driving under the influence of alcohol or drugs.
• Vulnerable Victims: If the victim was a vulnerable road user, such as a pedestrian or cyclist.

Mitigating Factors

The court may consider mitigating factors that could reduce the severity of the penalties, such as:

• Remorse: Demonstrating genuine remorse for the offence.
• Early Guilty Plea: Pleading guilty at the earliest opportunity.
• Lack of Previous Convictions: Having a clean driving record prior to the offence.

Legal Assistance

Given the seriousness of the offence and the potential consequences, it is crucial to seek professional legal advice and representation. Solicitors who specialise in motoring offences, like Keep My Driving Licence, can provide essential support in several ways:

• Legal Representation: Representing you in court to ensure your case is presented effectively and advocating for the best possible outcome.
• Case Evaluation: Reviewing the specifics of your case to determine the best defence strategy.
• Mitigation: Presenting any mitigating factors to potentially reduce the severity of the penalties.
• Appeals: Assisting with appeals if you believe the conviction or sentence was unjust.

Conclusion

Causing death by dangerous driving is a grave offence with severe penalties, including up to 14 years in prison, a mandatory driving ban, and an extended driving test requirement. If charged with this offence, seeking expert legal assistance is crucial to navigating the legal process and achieving the best possible outcome.

In the UK, a dangerous driving conviction will stay on your driving record for a specific period of time. Here’s a detailed explanation of how long dangerous driving stays on your record and what it entails:

Duration on Driving Record

1. Endorsement Code:
   • Dangerous driving is recorded on your driving licence with the endorsement code DD40.
2. Duration:
   • The endorsement for dangerous driving remains on your driving record for 4 years from the date of the offence.

Driving Licence Record

1. DVLA Record:
   • The conviction is recorded by the Driver and Vehicle Licensing Agency (DVLA) and will be visible to any parties that check your driving record, such as insurers or employers, during this period.
2. Impact on Insurance:
   • Having a dangerous driving endorsement on your record can significantly impact your car insurance premiums, making them much higher. Insurers may view you as a high-risk driver.

Extended Driving Test Requirement

1. Reinstatement of Licence:
   • After the disqualification period, you must pass an extended driving test to have your licence reinstated. This test is more comprehensive than the standard driving test.

Legal Assistance and Mitigation

1. Expert Legal Advice:
   • If you are facing a dangerous driving charge, obtaining legal advice is crucial. Solicitors specialising in motoring offences, such as Keep My Driving Licence, can help you navigate the legal system, present mitigating factors, and potentially reduce the severity of penalties.
2. Court Representation:
   • Effective legal representation can assist in presenting your case in the best possible light, whether it’s arguing for reduced penalties or ensuring all mitigating factors are considered.

Additional Considerations

1. Criminal Record:
   • Dangerous driving is a criminal offence, and the conviction will also be recorded on your criminal record. This can have broader implications for employment and travel.
2. Rehabilitation Period:
   • While the endorsement stays on your driving record for 4 years, the rehabilitation period under the Rehabilitation of Offenders Act 1974 for a dangerous driving conviction is also 4 years from the date of conviction. After this period, the conviction becomes spent, meaning it doesn’t need to be disclosed to most employers.

Conclusion

A dangerous driving conviction will stay on your driving record for 4 years from the date of the offence. It will also appear on your criminal record for the same period. The conviction can affect your insurance premiums and require you to pass an extended driving test to regain your licence. Seeking professional legal assistance from firms like Keep My Driving Licence can help mitigate the impact of the conviction and navigate the legal process effectively.

The penalties for causing death by dangerous driving in the UK are severe. Following recent changes to the law, the maximum sentence is now life imprisonment. The starting point for sentencing depends on the circumstances, with typical custodial sentences ranging from 2 to 18 years depending on the seriousness of the offence and any aggravating factors, such as being under the influence of alcohol or drugs. Additionally, offenders will face a minimum driving ban of 2 years and must pass an extended driving test before they can drive again​

At Keep My Driving Licence, we understand how overwhelming these situations can be. If you are facing a charge of causing death by dangerous driving, our expert legal team is here to support you through the legal process, ensuring you understand your options and working to minimise the penalties where possible

The penalty for causing death by dangerous driving in the UK can now result in a maximum sentence of life imprisonment, following recent changes in the law. Typically, sentences for these offences range from 2 to 18 years in prison, depending on factors such as the severity of the driving behaviour and any aggravating circumstances, such as being under the influence of alcohol or drugs. Alongside the prison sentence, offenders will also face a driving ban of at least two years and will need to pass an extended driving test to regain their licence​

If you or someone you know is facing a charge of causing death by dangerous driving, Keep My Driving Licence can provide the expert legal support you need. Our team works to protect your rights and guide you through the legal process, aiming to minimise penalties and help you navigate this difficult time.

No, causing death by dangerous driving is not classified as manslaughter under UK law. These are two distinct legal offences.

• Death by dangerous driving is a specific offence under the Road Traffic Act 1988, which occurs when a driver’s standard of driving falls far below what would be expected of a competent and careful driver, causing a fatality. It carries a maximum sentence of life imprisonment following recent changes in sentencing laws​.
• Manslaughter, on the other hand, is a broader criminal offence that typically refers to the unlawful killing of a person without the intention to kill, but where there is still a degree of culpability, such as gross negligence or reckless disregard for life. Manslaughter charges are handled under different legal frameworks, including the Homicide Act 1957.

While both offences involve a loss of life, the key difference lies in the intent and circumstances of the offence. Dangerous driving focuses on the driver’s behaviour on the road, while manslaughter involves more general acts of gross negligence or recklessness leading to death.

Yes, special reasons can be used more than once in UK motoring offences, but it depends on the specific circumstances of each case. Special reasons allow a court to avoid imposing mandatory penalties, such as a driving ban, if the reason is directly related to the offence and not the offender’s general circumstances.

However, the court will carefully evaluate each use of special reasons to ensure they are valid and not being misused. Repeated claims of special reasons may be scrutinised more closely to ensure they are genuine and directly linked to each offence.

If you are facing multiple charges and believe special reasons apply, it is highly advisable to seek legal advice. Keep My Driving Licence can help build a strong case around these special reasons, ensuring your rights are protected and assisting in reducing potential penalties.

To present a special reasons argument in a driving points defence, you need to clearly demonstrate that the circumstances of the offence meet specific legal criteria. The argument must:

1. Be a mitigating or extenuating circumstance – something that explains the offence but does not amount to a legal defence.
2. Directly relate to the offence – the circumstances must be connected to why the offence was committed, not simply a personal hardship.
3. Not serve as a defence – it cannot be used to completely excuse the offence but instead provides reasoning for leniency.
4. Be something the court should consider – the reason should be significant enough for the court to take it into account when deciding penalties.

Examples of special reasons include driving due to an emergency (such as rushing someone to the hospital), driving only a very short distance while over the alcohol limit, or being misled into thinking you had insurance.

To successfully argue special reasons, you must give evidence under oath and convince the magistrates that your case deserves leniency. It is important to carefully present the facts and have legal support to strengthen your argument

Yes, driving with a mobile phone is considered a criminal offence in the UK. This offence carries significant penalties and is taken very seriously due to the risks it poses to road safety. Here’s a detailed explanation:

Legal Framework

• Legislation: The law prohibiting the use of hand-held mobile phones while driving is outlined in the Road Traffic Act 1988 and further reinforced by the UK government’s efforts to enhance road safety.
• Specific Offences: The offence covers using a hand-held mobile phone for any purpose while driving, including making calls, sending texts, taking photos, or using apps.

Penalties

1. Fixed Penalty Notice:
   • Fine: £200.
   • Penalty Points: 6 points on your driving licence.
2. Court Summons:
   • If the case goes to court, the penalties can be more severe:
     • Fine: Up to £1,000.
     • Penalty Points: 6 points.
     • Disqualification: Possible driving disqualification at the court’s discretion.
3. New Drivers:
   • For new drivers (those who have held a licence for less than two years), accumulating 6 penalty points will result in an automatic licence revocation. This means the driver will need to reapply for a provisional licence and retake both the theory and practical driving tests.

Criminal Record

• Criminal Conviction: Being convicted of using a mobile phone while driving will result in a criminal record. This can have broader implications, such as affecting employment opportunities and increasing car insurance premiums.

Exceptions

• Emergency Situations: Using a mobile phone to call 999 or 112 is allowed in a genuine emergency where it is unsafe or impractical to stop.
• Hands-Free Use: Using a mobile phone hands-free is legal, provided the device is in a holder or cradle and you do not hold it at any time while driving. Voice commands and built-in sat-nav systems are also permitted.

Enforcement

• Police Monitoring: The police use various methods to catch offenders, including roadside stops, unmarked vehicles, and cameras.
• Public Awareness Campaigns: There are ongoing public awareness campaigns to educate drivers about the dangers and legal consequences of using a mobile phone while driving.

Legal Assistance

If you are charged with using a mobile phone while driving, seeking legal advice is advisable. Specialist motoring solicitors, such as Keep My Driving Licence, can provide valuable support:

• Case Evaluation: Reviewing the details of your case to provide appropriate legal advice.
• Court Representation: Representing you in court to present your case effectively and potentially mitigate penalties.
• Mitigation: Helping to present any mitigating factors to reduce the severity of the penalties.

Conclusion

Driving with a mobile phone is a criminal offence in the UK, carrying significant penalties including fines, penalty points, and potential disqualification. A conviction also results in a criminal record. It is crucial to adhere to the legal guidelines regarding mobile phone use while driving to avoid these penalties. If you face charges, seeking professional legal assistance can help navigate the legal process and mitigate the impact of the penalties.

In the UK, the fine for using a mobile phone while driving is stringent to deter drivers from engaging in this dangerous behaviour. Here are the details:

Fixed Penalty

• Fine: If you are caught using a hand-held mobile phone while driving, you will receive a fixed penalty notice with a fine of £200.
• Penalty Points: Along with the fine, you will also receive 6 penalty points on your driving licence.

Court Summons

If you challenge the fixed penalty notice or if the case goes to court for any reason, the penalties can be more severe:

• Fine: The court can impose a fine of up to £1,000 for using a mobile phone while driving.
• Penalty Points: The court can endorse your driving licence with 6 penalty points.
• Disqualification: In some cases, the court may decide to disqualify you from driving.

New Drivers

For drivers who have passed their test within the last two years, the consequences are even more severe:

• Licence Revocation: Receiving 6 penalty points within the first two years of passing your driving test results in an automatic revocation of your driving licence. You will need to reapply for a provisional licence and retake both the theory and practical driving tests.

Exceptions and Legal Use

While the law is strict, there are a few exceptions where you can use a mobile phone:

• Emergency Situations: You can use your phone to call 999 or 112 in a genuine emergency where it is unsafe or impractical to stop.
• Hands-Free Use: You can use a mobile phone hands-free, provided it is in a cradle or holder and you do not hold it at any point while driving. This includes using voice commands and using a built-in sat-nav system.

Enforcement

The police use various methods to enforce the mobile phone driving laws, including:

• Roadside Stops: Police can stop drivers suspected of using a mobile phone.
• Cameras: Use of cameras and surveillance technology to catch offenders.
• Unmarked Vehicles: Police in unmarked cars to monitor and catch drivers using mobile phones.

Impact on Insurance

A conviction for using a mobile phone while driving can significantly increase your car insurance premiums. Insurers view this as a serious offence indicating higher risk.

Legal Assistance

If you are charged with using a mobile phone while driving, seeking legal advice can help:

• Case Assessment: Lawyers can review your case and advise on the best course of action.
• Representation: Legal representation in court can help mitigate penalties.
• Mitigation: Presenting mitigating circumstances to potentially reduce the severity of the penalties.

Conclusion

Using a mobile phone while driving in the UK carries a fixed penalty of £200 and 6 penalty points. More severe penalties, including higher fines and disqualification, can be imposed if the case goes to court. For new drivers, accruing 6 penalty points can lead to automatic licence revocation. To avoid these penalties, it is essential to use mobile phones in a hands-free manner and adhere to the legal guidelines. If you face charges, seeking professional legal assistance can help navigate the process and potentially reduce the impact of the penalties.

The UK government has tightened the laws on using mobile phones while driving, making it illegal to use a hand-held device for virtually any purpose while behind the wheel. The updated legislation, which came into effect on 25 March 2022, aims to close loopholes and reduce distractions on the road. Here are the key details:

New Law on Mobile Phones and Driving

1. Total Ban on Hand-Held Use:
   • It is illegal to hold and use a mobile phone, sat-nav, tablet, or any other device that can send or receive data while driving or riding a motorcycle. This includes when you are stopped at traffic lights or in traffic jams.
2. Activities Prohibited:
   • The ban covers any hand-held use, including:
     • Making or receiving calls.
     • Sending text messages or emails.
     • Taking photos or videos.
     • Scrolling through playlists.
     • Using apps or the internet.
3. Exceptions:
   • There are limited exceptions to the ban:
     • You can use a mobile phone to call emergency services (999 or 112) if it’s unsafe or impractical to stop.
     • You can make contactless payments at drive-through services (e.g., McDonald’s), but the vehicle must be stationary.
     • Using a mobile phone as a sat-nav is allowed, but the device must be in a hands-free cradle, and you cannot touch it while driving.
4. Hands-Free Use:
   • Hands-free access is allowed, provided you do not hold the device. This includes:
     • Using voice commands.
     • Using a built-in sat-nav system.
     • Using a device mounted in a hands-free holder.

Penalties for Non-Compliance

1. Fixed Penalty Notice:
   • If caught using a hand-held device while driving, you will receive a fixed penalty notice with:
     • A fine of £200.
     • 6 penalty points on your driving licence.
2. Court Summons:
   • If the case goes to court, or if you refuse to accept the fixed penalty, the penalties can be more severe:
     • A fine of up to £1,000.
     • Disqualification from driving.
3. New Drivers:
   • For drivers who have passed their test within the last two years, receiving 6 penalty points can result in an automatic revocation of their driving licence.

Enforcement and Implications

1. Increased Enforcement:
   • Police are increasingly vigilant about enforcing these laws, using unmarked vehicles and roadside cameras to catch offenders.
2. Insurance Implications:
   • Conviction for using a mobile phone while driving can significantly increase your insurance premiums.
3. Safety Considerations:
   • The law aims to improve road safety by reducing distractions, which are a major cause of accidents.

Legal Assistance

If you are charged with using a mobile phone while driving, seeking legal advice is advisable. Solicitors specialising in motoring offences, such as Keep My Driving Licence, can provide valuable support:

• Case Assessment: Evaluating your case to determine the best defence strategy.
• Representation: Representing you in court to ensure your case is presented effectively.
• Mitigation: Helping to present any mitigating circumstances that could reduce the severity of the penalties.

Conclusion

The new law on mobile phones and driving in the UK, effective from 25 March 2022, makes it illegal to use a hand-held device for virtually any purpose while driving. The penalties for non-compliance are severe, including fines, penalty points, and possible disqualification. To ensure compliance and safety, use hands-free options and minimise distractions while driving. If you face charges, seek professional legal assistance to navigate the legal process.

The maximum fine for driving without insurance in the UK can be substantial, especially if the case goes to court. Here are the details:

Fixed Penalty Notice

• If you are caught driving without insurance, you can receive a fixed penalty notice with a fine of £300 and 6 penalty points on your driving licence.

Court Summons

• If the case goes to court, the penalties can be more severe:
  • Unlimited Fine: The court can impose an unlimited fine for driving without insurance. The actual amount will depend on the specifics of the case and the discretion of the magistrate or judge.
  • Penalty Points: You will receive 6 to 8 penalty points on your driving licence.
  • Disqualification: The court may also choose to disqualify you from driving, especially if there are aggravating factors or previous offences.

Additional Consequences

1. Vehicle Seizure:
   • The police have the authority to seize and impound your vehicle if you are caught driving without insurance. In some cases, the vehicle may be destroyed.
2. Increased Insurance Premiums:
   • A conviction for driving without insurance will typically result in significantly higher insurance premiums in the future, as insurers view you as a higher risk.
3. Criminal Record:
   • Driving without insurance is a criminal offence, and a conviction will be recorded on your criminal record. This can have wider implications, such as affecting employment opportunities.

Mitigating Factors

When the case goes to court, certain mitigating factors can potentially reduce the severity of the penalties:

• Genuine Mistake: If you can demonstrate that driving without insurance was a genuine mistake, such as a lapse in coverage that you were unaware of.
• Emergency Situations: If you were driving due to a genuine emergency.

Legal Assistance

Given the seriousness of driving without insurance, it is advisable to seek legal advice. Solicitors specialising in motoring offences, such as Keep My Driving Licence, can provide valuable support:

• Case Assessment: Reviewing the specifics of your case and advising on the best course of action.
• Representation: Representing you in court to present your case effectively.
• Mitigation: Helping to present any mitigating factors that could reduce the severity of the penalties.

Conclusion

Driving without insurance in the UK can result in severe penalties, including an unlimited fine if the case goes to court, 6 to 8 penalty points, possible disqualification from driving, and additional consequences such as vehicle seizure and increased future insurance premiums. Seeking professional legal assistance can help navigate the legal process and potentially mitigate the penalties.

Yes, it is illegal to drive without insurance in the UK. Every driver must have at least third-party insurance coverage to legally drive a vehicle on public roads. Here are the key details:

Legal Requirement

1. Third-Party Insurance:
   • At a minimum, you must have third-party insurance, which covers damage to other people’s property and injuries to others in an accident for which you are at fault.
2. Comprehensive Insurance:
   • Comprehensive insurance provides additional coverage, including damage to your own vehicle and injuries to yourself.

Penalties for Driving Without Insurance

1. Fixed Penalty Notice:
   • If caught driving without insurance, you can receive a fixed penalty notice with a fine of £300 and 6 penalty points on your driving licence.
2. Court Summons:
   • If the case goes to court, the penalties can be more severe:
     • Unlimited Fine: The court can impose an unlimited fine.
     • Penalty Points: You will receive 6 to 8 penalty points on your driving licence.
     • Disqualification: The court may disqualify you from driving, particularly if there are aggravating factors or previous offences.

Additional Consequences

1. Seizure of Vehicle:
   • The police have the authority to seize, impound, and, in some cases, destroy a vehicle being driven without insurance.
2. Increased Insurance Premiums:
   • Conviction for driving without insurance typically leads to significantly higher insurance premiums in the future.
3. Criminal Record:
   • A conviction for driving without insurance can result in a criminal record, affecting employment opportunities and other aspects of your life.

Legal Defences

In some cases, there may be defences or mitigating circumstances, such as:

• Genuine Mistake: Demonstrating that you believed you were insured, such as a lapse in coverage that you were unaware of.
• Emergency Situations: If you were driving due to a genuine emergency.

Legal Assistance

Given the severity of the penalties for driving without insurance, seeking legal advice is advisable. Solicitors specialising in motoring offences, such as Keep My Driving Licence, can provide valuable support:

• Case Assessment: Evaluating the specifics of your case and advising on the best course of action.
• Representation: Representing you in court to present your case effectively.
• Mitigation: Helping to present any mitigating factors that could reduce the severity of the penalties.

Conclusion

Driving without insurance is illegal in the UK and can lead to significant penalties, including fines, penalty points, vehicle seizure, increased insurance premiums, and even a criminal record. To avoid these consequences, ensure that you always have valid insurance coverage before driving a vehicle. If you are facing charges for driving without insurance, seeking professional legal assistance can help navigate the legal process and potentially mitigate the penalties.

In the UK, driving without insurance is a serious offence and carries significant penalties. Here are the key details about the fines and other potential consequences:

Fixed Penalty Notice

1. Fine:
   • If you are caught driving without insurance, you can receive a fixed penalty notice with a fine of £300.
2. Penalty Points:
   • Along with the fine, you will also receive 6 penalty points on your driving licence.

Court Summons

If the case goes to court, the penalties can be more severe:

1. Unlimited Fine:
   • The court can impose an unlimited fine for driving without insurance.
2. Penalty Points:
   • You will receive 6 to 8 penalty points on your driving licence.
3. Disqualification:
   • The court has the discretion to disqualify you from driving. This is more likely if you have previous convictions or other aggravating factors.

Additional Consequences

1. Seizure of Vehicle:
   • The police have the power to seize and, in some cases, destroy the vehicle being driven without insurance.
2. Increased Insurance Premiums:
   • Conviction for driving without insurance will likely lead to significantly higher insurance premiums in the future.
3. Criminal Record:
   • A conviction for driving without insurance can also result in a criminal record, which may affect employment opportunities and other aspects of your life.

Mitigating Factors

When the case goes to court, certain mitigating factors can potentially reduce the severity of the penalties:

• Genuine Mistake: If you can demonstrate that driving without insurance was a genuine mistake, such as a lapse in coverage that you were unaware of.
• Emergency Situations: If you were driving in an emergency situation.

Legal Assistance

Given the severity of the penalties for driving without insurance, it is advisable to seek legal advice. Solicitors specialising in motoring offences, such as Keep My Driving Licence, can provide valuable support:

• Case Evaluation: Assessing the specifics of your case and advising on the best course of action.
• Legal Representation: Representing you in court to present your case effectively.
• Mitigation: Helping to present any mitigating factors that could reduce the severity of the penalties.

Conclusion

Driving without insurance in the UK can result in a fixed penalty fine of £300 and 6 penalty points. If the case goes to court, the fines can be unlimited, with 6 to 8 penalty points and the possibility of disqualification. Additional consequences include vehicle seizure and increased future insurance premiums. Seeking professional legal assistance can help navigate the legal process and potentially mitigate the penalties.

Being disqualified from driving can significantly affect your car insurance. Here’s what typically happens:

During the Disqualification Period

1. Invalidation of Insurance:
   • If you are disqualified from driving, you are no longer legally allowed to drive. If you drive while disqualified and are involved in an accident, your insurance will likely be invalid, meaning your insurer may refuse to cover any claims.
   • Additionally, driving while disqualified is a criminal offence, which can lead to further legal consequences, including fines, extended disqualification, and potential imprisonment.
2. Notification to Insurer:
   • You are required to inform your insurer about the disqualification. Failure to do so can result in your policy being cancelled for non-disclosure, and future claims may be denied.
3. Impact on Policy:
   • Some insurers may choose to cancel your policy upon learning of your disqualification. Others might allow the policy to continue but will note that you cannot drive until the disqualification period is over.

After the Disqualification Period

1. Higher Premiums:
   • Once your disqualification period ends and you regain your driving licence, you will likely face significantly higher insurance premiums. Insurers consider drivers with a history of disqualification as high-risk.
2. Limited Options:
   • Your choice of insurers may be limited. Some insurers might refuse to provide coverage to drivers with a history of disqualification, or they might impose stricter terms and higher excesses.
3. Reinstatement Requirements:
   • To get back on the road, you might need to pass an extended driving test, depending on the conditions of your disqualification. This is especially true for offences like dangerous driving.

Specialist Insurers

1. High-Risk Insurance Providers:
   • There are specialist insurers who provide coverage for high-risk drivers, including those with previous disqualifications. These policies tend to be more expensive but are tailored to drivers with adverse driving histories.

Steps to Take

1. Inform Your Insurer:
   • Always inform your insurer about your disqualification to avoid policy cancellation and denial of future claims.
2. Shop Around:
   • Once your disqualification ends, shop around for insurance quotes. Consider using brokers who specialise in high-risk drivers to find the best rates and coverage options.
3. Legal Assistance:
   • If you are facing a driving disqualification, seeking legal advice from specialists like Keep My Driving Licence can help. They can provide guidance on how to handle the disqualification process and potentially mitigate the impact on your insurance and driving record.

Conclusion

Being disqualified from driving can invalidate your insurance if you drive during the disqualification period and significantly impact your future insurance premiums and options. It is essential to notify your insurer, comply with the terms of your disqualification, and seek appropriate insurance coverage once you are eligible to drive again.

Driving while disqualified is a serious offence in the UK and can lead to severe consequences, including the possibility of imprisonment. Here’s a detailed look at what you can expect if you are caught driving while disqualified:

Legal Consequences

1. Imprisonment:
   • Yes, you can go to jail for driving while disqualified. The maximum sentence for this offence is 6 months in prison.
   • Repeat offenders or those with aggravating factors (such as causing an accident while disqualified) are more likely to face imprisonment.
2. Fines:
   • You may also be fined. The amount can vary depending on the specifics of the case but can be up to £5,000.
3. Extended Disqualification:
   • Your disqualification period will likely be extended, meaning you will be banned from driving for a longer period.
4. Community Service:
   • Instead of or in addition to imprisonment, the court may impose a community service order.
5. Driving Record:
   • The offence will be added to your driving record, which can significantly impact your future insurance premiums and employability.

Aggravating Factors

Certain circumstances can make the penalties more severe, such as:

• Repeat Offences: If you have previous convictions for driving while disqualified, the court is more likely to impose a harsher sentence.
• Causing Harm: If your driving while disqualified results in an accident, injury, or damage to property, the penalties will be more severe.
• Additional Offences: If you are caught committing other offences at the same time (e.g., driving without insurance), these will be taken into account and can lead to more severe penalties.

Court Process

1. Arrest and Charge:
   • If caught driving while disqualified, you will likely be arrested and taken to the police station for questioning. You will be charged with the offence and required to appear in court.
2. Court Appearance:
   • During the court hearing, the magistrate or judge will review the case, including any mitigating or aggravating factors, and determine the appropriate penalty.

Legal Assistance

Given the seriousness of driving while disqualified, it is crucial to seek legal assistance. Keep My Driving Licence, a UK solicitors’ firm specialising in motoring offences, can provide valuable support in several ways:

• Legal Representation: Representing you in court to ensure your case is presented effectively and arguing for the least severe penalty possible.
• Mitigation: Presenting any mitigating circumstances that could reduce the severity of your sentence.
• Advice: Offering comprehensive advice on your legal rights and the potential outcomes of your case.

Mitigating Factors

While driving while disqualified is a serious offence, certain mitigating factors can potentially reduce the severity of the penalties:

• Genuine Emergency: If you can demonstrate that you were driving due to a genuine emergency.
• No Previous Convictions: If this is your first offence and you have an otherwise clean driving record.
• Guilty Plea: Pleading guilty at the earliest opportunity can sometimes lead to a reduced sentence.

Conclusion

Driving while disqualified can lead to imprisonment, fines, extended disqualification, and other penalties. The exact outcome depends on the specifics of the case and any mitigating or aggravating factors. Seeking professional legal assistance from specialists like Keep My Driving Licence is crucial to navigating the legal process and potentially mitigating the consequences.

In the UK, a driver will be disqualified from driving if they accumulate 12 or more penalty points on their driving licence within a three-year period. This is known as a “totting up” disqualification. Here’s a detailed overview:

Totting Up Disqualification

1. Accumulating Points:
   • Penalty points are added to your driving licence for various motoring offences, such as speeding, using a mobile phone while driving, and failing to stop at a red light.
2. Threshold for Disqualification:
   • If you reach or exceed 12 points within a three-year period, you will face a totting up disqualification.

Disqualification Periods

1. Standard Disqualification:
   • The standard period of disqualification is 6 months if you accumulate 12 or more points.
2. Repeat Offenders:
   • If you have been disqualified before within the last three years, the disqualification periods increase:
     • 6 months if you have no previous disqualifications in the last three years.
     • 1 year if you have one previous disqualification of at least 56 days in the last three years.
     • 2 years if you have two or more previous disqualifications of at least 56 days in the last three years.

Exceptional Hardship

1. Pleading Exceptional Hardship:
   • During a court hearing, you can argue that a driving ban would cause “exceptional hardship” to yourself or others who rely on you. This is not just ordinary inconvenience but significant difficulty.
2. Evidence for Hardship:
   • You need to present strong evidence to support your claim, such as letters from your employer, financial records, or testimonies from dependents.

Legal Assistance

1. Seeking Legal Advice:
   • It is advisable to seek legal assistance if you are at risk of a totting up ban. Solicitors specialising in motoring offences, such as Keep My Driving Licence, can help you:
     • Case Assessment: Evaluate your case and advise on the best course of action.
     • Representation: Represent you in court to present a strong case for exceptional hardship.
     • Mitigation: Help to present mitigating circumstances that might reduce the severity of penalties.

Avoiding Points

1. Safe Driving Practices:
   • Adhering to traffic laws and practising safe driving habits can help avoid accumulating penalty points.
2. Speed Awareness Courses:
   • For minor offences like speeding, you may be offered the option to attend a speed awareness course instead of receiving penalty points. Completing such a course can prevent points from being added to your licence.

Conclusion

A driver in the UK will be disqualified from driving if they accumulate 12 or more penalty points within a three-year period. The standard disqualification period is 6 months, but it can be longer for repeat offenders. You can argue for exceptional hardship in court to potentially avoid or reduce the length of the ban. Seeking legal advice from specialists like Keep My Driving Licence can help you navigate the process and potentially mitigate the impact of the disqualification.

Yes, you can appeal a 6-month driving ban in the UK, but there are certain steps and deadlines to follow.

1. Appeal Process: You must act quickly as you typically have 21 days from the date of the sentencing to lodge an appeal. This can be done by submitting a formal Notice of Appeal to the court, which will lead to a hearing in a higher court, like the Crown Court. It’s essential to have strong legal arguments that demonstrate why the ban should be reconsidered​.
2. Grounds for Appeal: Common grounds for appeal include claims that the sentence was disproportionate or that there were mitigating factors that weren’t properly considered during the original hearing. In some cases, arguing exceptional hardship—such as significant impact on your employment or dependents—can result in a reduced ban or complete revocation​

1. Legal Support: It’s highly recommended to engage a solicitor who specialises in motoring law. They will help you compile evidence, prepare a strong argument, and guide you through the appeal process to maximise your chances of success​. If you believe your ban was unfair or you face significant hardship, Keep My Driving Licence can assist you in lodging an appeal and defending your case in court.

1. Act Quickly

You typically have 21 days from the date of your conviction or sentence to lodge an appeal. This can be done through the Magistrates’ Court that issued the penalty.

2. Submit an Appeal

File a Notice of Appeal if you believe there was an error in law, or that the decision was unfair. This will escalate your case to the Crown Court. Alternatively, you can appeal through the magistrates if you feel the penalty was excessive for the offence committed.

3. Grounds for Appeal

Common reasons to appeal against 6 points include:

• Disproportionate penalty: You believe the punishment does not match the offence.
• Exceptional circumstances: If there were mitigating factors that were not considered, such as an emergency or lack of awareness of the breach.
• Mistakes in fact or law: If there were errors in the interpretation of evidence or the law.

4. Exceptional Hardship Argument

If accumulating 6 points will lead to a totting up ban (12 or more points), you can argue exceptional hardship, such as the impact on your job, family, or dependents. However, you can only use the same argument once within three years​

5. Seek Legal Advice

It’s highly recommended to consult a motoring solicitor who can help you gather evidence, build a compelling case, and represent you in court.

If you’re concerned about your driving record, Keep My Driving Licence can provide expert guidance on appealing your points and defending your case.

To appeal points on your driving licence, follow these steps:

1. Check Your Eligibility to Appeal

You must have grounds to appeal, such as believing there was a mistake in the legal process, the evidence, or the penalty was unfairly issued. Appeals are generally allowed when:

• There was an error in law during your trial.
• New evidence has come to light.
• The penalty or points issued were excessive or disproportionate to the offence.

2. Act Quickly

You typically have 21 days from the date of conviction or the date the penalty was issued to appeal. Delaying beyond this period can make it much harder or impossible to overturn the points.

3. Submit a Notice of Appeal

If your case was heard in the Magistrates’ Court, you need to file a Notice of Appeal with the same court. This will escalate your case to the Crown Court for a re-hearing of your case.

4. Prepare Your Case

Gather all relevant evidence to support your appeal, such as witness statements, dashcam footage, or documents proving your case. It’s important to present a strong argument that explains why the points should not have been issued or why they are unjustified.

5. Consider Legal Advice

A motoring solicitor can significantly improve your chances of success. They can help you present a well-prepared case, challenge the evidence used against you, and argue for either a reduction or removal of the points.

6. Possible Outcomes

The Crown Court may:

• Remove the points entirely if they find the original conviction or penalty was wrong.
• Reduce the number of points or the length of the penalty.
• Uphold the original decision if they find no valid grounds for appeal​

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Consulting an expert in motoring law, such as Keep My Driving Licence, will help guide you through the process and improve your chances of success.

Yes, you can usually continue to drive while appealing a driving ban, provided certain conditions are met:

1. Appealing Before the Ban Begins: If you file your appeal before the ban takes effect, the court may allow you to continue driving while the appeal is pending. The original sentence, including the ban, is typically “stayed” or paused until the appeal decision is made​.
2. Filing an Appeal After the Ban Begins: If the ban has already started, your driving privileges are suspended, and you will not be allowed to drive unless the court specifically grants permission pending the outcome of the appeal.

However, it is important to clarify your individual situation with your legal representative, as the ability to drive during an appeal may vary depending on the case and the court’s decision.

Seeking expert advice from a solicitor, like those at Keep My Driving Licence, can help guide you through this process and improve your chances of success.

If you’ve been accused of failing to stop after an accident, the consequences can be severe, including fines, penalty points, or even imprisonment, depending on the seriousness of the incident. At Keep My Driving Licence, we specialise in defending drivers facing these charges. We can help build a defence if you were unaware of the accident, faced an emergency, or had special reasons for not stopping, such as immediate danger.

Our team will carefully review the evidence, including witness statements, CCTV footage, or any other key data, to challenge the accusation. We’ll work to minimise penalties like driving bans or points on your licence, helping you maintain your ability to drive where possible.

If you’re facing a claim of failing to stop, contact Keep My Driving Licence for expert advice and support to protect your driving record and reduce the impact on your future.