Criminal Law
Motoring Offences Barristers
Advice and advocacy on drink and drug driving, speeding, failing to identify the driver, careless and dangerous driving, and arguments to keep your licence.
Takes about 2 minutes. No obligation.
Barristers regulated by the Bar Standards Board
Motoring cases are decided by a mix of road traffic statutes, and the details matter. Many begin with a Notice of Intended Prosecution and a request under section 172 of the Road Traffic Act 1988 to name the driver. Failing to give that information is an offence in its own right carrying six penalty points, which is often more than the original speeding allegation. Some cases then arrive as a Single Justice Procedure notice, where a magistrate decides the case on the papers unless you ask for a hearing. GOV.UK asks you to respond within 21 days, and ignoring the notice can mean the case is decided without your account.
The question most drivers care about is disqualification. Drink driving under section 5 of the 1988 Act carries an obligatory minimum ban of 12 months, rising to three years for a second conviction within ten years. Reaching 12 or more points within three years triggers a totting up ban of at least six months under section 35 of the Road Traffic Offenders Act 1988, unless you persuade the court that a ban would cause exceptional hardship. Exceptional hardship usually means hardship to others, such as employees, dependants or people you care for, rather than inconvenience to you, and the same grounds cannot generally be relied on again within three years. New drivers who reach six points within two years of passing have their licence revoked by the DVLA under the Road Traffic (New Drivers) Act 1995, which the court has no power to prevent.
Special reasons are a different argument. They relate to the circumstances of the offence, not to you, and if established the court can decide not to endorse or disqualify even for an obligatory offence. Classic examples are a drink that was spiked without your knowledge, or driving a very short distance in a genuine emergency. Special reasons usually require you to give evidence, and sometimes expert evidence on alcohol levels, so they need preparation. For excess alcohol and drug driving cases, the procedure followed at the police station when the specimens were taken can also be scrutinised.
Motoring is an area where Direct Access is commonly used. Legal aid is rarely granted for summary motoring offences because they often do not meet the interests of justice test, so most drivers pay privately anyway. Your Barrister can advise on the merits, draft your statement on exceptional hardship and represent you at court. You keep the paperwork in order, including replying to notices, obtaining your driving record and gathering supporting letters. The more serious offences, such as dangerous driving or causing death or serious injury by driving, carry much heavier consequences, and there your Barrister will discuss honestly whether you also need a Solicitor.
What Motoring Offences Barristers Do
Licence Protection Arguments
Your Barrister can argue:
- Exceptional hardship to avoid a totting up ban
- Special reasons not to endorse or disqualify
- A shorter period of discretionary disqualification
- Fewer points within the range for the offence
- Interim disqualification issues
- Eligibility for a drink-drive rehabilitation course
Challenging the Allegation
Advice on:
- Whether a Notice of Intended Prosecution was valid
- Section 172 defences of reasonable diligence
- Breath, blood and urine procedure
- Speed device calibration and evidence
- Identification of the driver
- The standard of driving in careless cases
Documents Prepared
Your Barrister can draft:
- Your witness statement on exceptional hardship
- Guidance for supporting letters from employers
- Special reasons statements
- Pleas in mitigation
- Skeleton arguments on technical points
- Responses to a Single Justice Procedure notice
Your Barrister drafts these documents. You send them to the court and the prosecution yourself.
What You Handle
With Direct Access you:
- Reply to the NIP and section 172 request on time
- Respond to any Single Justice Procedure notice
- Obtain your DVLA driving record
- Gather letters from employers and dependants
- Bring your licence and documents to court
- Deal with the court and prosecuting authority
How Direct Access Works
- 1
Notices and Deadlines
Send your Barrister the Notice of Intended Prosecution, any section 172 request and any court paperwork. Missing the deadline to name the driver or to respond to a Single Justice Procedure notice can create a bigger problem than the original allegation.
- 2
Points and Ban Assessment
Your Barrister checks your current points and their dates, and identifies whether you face a mandatory ban, a totting up ban, a discretionary ban or new driver revocation, as the strategy is different for each.
- 3
Plea and Legal Points
Your Barrister advises whether there is a defence or a technical challenge worth running, or whether the effort is better spent on special reasons or exceptional hardship, and what each option risks.
- 4
Building the Evidence
For exceptional hardship you gather specific, documented evidence: employer letters, care responsibilities, distances and lack of alternatives. Your Barrister shapes this into a focused statement you can give in evidence.
- 5
The Hearing
Your Barrister presents the argument and prepares you for questions from the bench and the prosecutor. Magistrates hearing exceptional hardship arguments expect to hear from you directly and test what you say.
- 6
After the Decision
Your Barrister explains the endorsement, any ban and when it ends, any rehabilitation course offer and whether you need to reapply to the DVLA, plus whether an appeal is worth considering.
Does your case qualify for Direct Access?
Tell us about your matter and we'll confirm whether you can instruct a Barrister directly, then match you with the right specialist.
Prefer to talk? Call 0800 302 9921. Lines open 8am to 8pm, same-day callback.
Frequently Asked Questions
What counts as exceptional hardship?
It must be more than the ordinary consequences of losing your licence. Courts look particularly at the effect on other people, such as employees whose jobs depend on you, a disabled relative you drive to appointments, or children you take to school where there is no realistic alternative. You will normally have to give evidence and be questioned, so supporting documents are important.
I could not identify who was driving. Is that an offence?
Failing to provide driver information under section 172 is an offence carrying six points, but there is a defence if you show you did not know and could not with reasonable diligence have found out who was driving. The court will expect real evidence of the steps you took, so a vague answer is rarely enough.
Can I avoid a drink-driving ban?
The 12 month minimum ban is obligatory unless the court finds special reasons, such as a spiked drink you did not know about. Special reasons do not include the personal impact of a ban. If you are convicted, the court can offer a drink-drive rehabilitation course, which reduces the ban if you complete it.
I am a new driver with six points. Can the court save my licence?
Revocation under the New Drivers Act is done by the DVLA, not the court, once six or more points are endorsed within two years of passing. The court cannot use exceptional hardship to stop it. What may help is avoiding the points in the first place, for example by contesting the offence, arguing special reasons, or asking the court to disqualify instead of endorsing points where that is open to it.
What is the Single Justice Procedure?
It is a way of dealing with minor offences on the papers, without a court hearing. You receive a notice and can plead guilty, plead not guilty or ask for a hearing. If a ban is being considered, you should usually ask for a hearing so you can put forward exceptional hardship in person with your Barrister.
Can I get legal aid for a driving offence?
Rarely for summary motoring offences, because they often do not pass the interests of justice test. Serious offences such as dangerous driving, or causing death by driving, are more likely to qualify. Where legal aid is available it is through a Solicitor, as Direct Access Barristers cannot act under legal aid.
How does Direct Access work for a motoring case?
You contact the Barrister yourself, send the papers and agree a fee. Your Barrister advises and represents you, while you handle notices, evidence and correspondence. Fixed fees, agreed up front. Advice starts from £250 and court representation from £850, with a clear quote before any work begins.
Facing a Ban or Too Many Points?
Get advice on exceptional hardship, special reasons or the allegation itself before you reply to the court.
Or call us: 0800 302 9921. Lines open 8am to 8pm, same-day callback.