We at Tyler Hoffman Solicitors offer expert advice and representation to members of the public and businesses facing the prospect of investigations or Court proceedings for motoring offence.

Our Solicitors are experts in this complex field and have many years of experience in successfully protecting peoples driving licenses. We have successfully helped clients across England and Wales.

Motoring offences cover many different situations, from the most minor breach of regulation to more serious offences which threaten not only a person’s livelihood but also their liberty. Conviction for this type of offence can have a devastating impact not only on the individual but on their family members, friends and business colleagues.

If you have received a Court Summons or Written Requisition our expert Solicitors can provide you with information on the likely outcome of your case and where necessary arrange to defend you proactively in Court, especially in circumstances where conviction will result in a driving disqualification.

Offences we can help you with;

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You have 21 days from the date of the sentence hearing to lodge an appeal. In certain circumstances, you may be allowed to appeal out of time.

How to appeal a court decision;

Appealing to the Crown Court - if you have been sentenced or convicted at the Magistrates’ Court, you have the right to appeal the decision at the Crown Court. This entails the Crown Court to re-hear you’re your case before a Judge and two Magistrates and can lead to a different finding.

Appealing to the High Court - there have been cases where our solicitors have asked the magistrates to “state a case” for review at the High Court in light of the court having made a legal error.

Application to Re-Open - our solicitors have re-opened many cases at the Magistrates court where a defendant was convicted or sentenced in his / her absence or where the court had made a crucial error. Cases have successfully been re-opened and the decisions have been challenged.

Statutory Declaration – statutory declaration is made if you have been convicted or prosecuted in your absence and were unaware of the proceedings. Making a statutory declaration will automatically cancel the previous court decisions out. The court process starts again from the beginning giving you the opportunity to make your case.
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Drink driving carries harsh penalties, a criminal record and is frowned upon by many people and by employers or potential employers too.

The legal limits for drink driving are:
  • 35 micrograms of alcohol in 100ml of breath
  • 80mg of alcohol in 100ml of blood
  • 107mg of alcohol in 100ml of urine

The prosecution must prove that an individual drove, or attempted to drive on a road or other public place, after consuming alcohol and that the amount of alcohol consumed was above the legal limit

Penalties for driving;
A mandatory disqualification of a minimum of 12 months will be enforced upon conviction. If you have a previous disqualification in the last 10 years, this will increase to a minimum 3-year disqualification. 3-9 penalty points may be endorsed onto your driving licence as well as being subjected to a financial penalty. You may be offered the opportunity to go on a voluntary course (Drink Drive Education course), which will reduce the length of your disqualification by 25%.

Defences
“Hip flask” defence – you will need to show that you were only over the prescribed limit at the point of the police procedure being carried out, due to the amount of alcohol consumed after driving and prior to being arrested by the police.

If you have been accused of drink driving, you should get expert legal advice as soon as possible. We can offer you advice on your specific circumstances and other options which may be available to you. Contact us on 03300 536 786 to speak to a motoring expert.
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Being drunk and in charge of a motor vehicle can still result in a driving ban, even if you were not driving or intending to drive your vehicle. Offences of this nature can affect your life in many ways. Many people have been caught out sleeping off excess alcohol in their vehicles, which has then resulted in them facing drunk in charge offences which can affect your life in many negative ways.

Penalties;
There is a minimum of 10 points upon conviction, or statutory disqualification. If you have previous convictions in the last 10 years this may increase to a minimum of 3 year period of disqualification.

Defences;
There are technical and statutory defences to this offence. If you have been accused of drunk in charge of a vehicle you should get expert legal advice as soon as possible. We can offer you advice on your specific circumstances and other options which may be available to you. Contact us on 03300 536 786 to speak to a motoring expert.
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As from the 2nd of March 2015 a new law came into effect which introduces offences for drug driving. The offence of driving whilst unfit through drugs requires the presence of drugs and evidence of impairment which is often difficult for the police to prove. The new law works on the same principal as the drink driving offences with specified levels and excess will result in prosecution.

Penalties;
The offence carries a mandatory 12 months disqualification, maximum of 6 months imprisonment and a fine up to £5,000.00
Only the presence of a drug in the blood, above the specified levels will be required by the prosecution to prove their case. The prosecution are no longer required to show that the driving was impaired at the time.

Defences;
Where the presence of a medically prescribed drug is detected, there is a medical defence. If you have been accused of drug driving, you should get expert legal advice as soon as possible. We can offer you advice on your specific circumstances and other options which may be available to you. Contact us on 03300 536 786 to speak to a motoring expert.
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If you find yourself before the court for an offence of this nature, it will not be looked upon favourably. The court is unlikely to be lenient with you as you have chosen to disregard their previously implemented disqualification.

Penalties;
A mandatory driving ban of a minimum of 12 months, maximum fine of £5,000, 3-9 penalty points and any other punishment the court may deem necessary, i.e community service, electronic tag or imprisonment.

Defences;
If you can prove that you were not aware of the disqualification, the prosecution could be dropped. It is possible that you were totally unaware of the disqualification proceedings but proving this in a court of law can be difficult without expert representation. It may be that you were driving under the impression that your disqualification period had ended. This is entirely possible when a person is disqualified they are entitled to resume driving when the disqualification period ends. In some circumstances the court may order that the offender cannot drive until they have passed an extended test, even after their disqualification period has ended.

If you have been accused of driving whilst disqualified, you should get expert legal advice as soon as possible. We can offer you advice on your specific circumstances and other options which may be available to you. Contact us on 03300 536 786 to speak to a motoring expert.
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If you do not have a full driving licence, it is imperative that you do not operate a vehicle, unless you are a ‘learner driver’ and have a full licence owner sat with you. If you choose not to, you stand a very high chance of being caught as the Police have the technology to track if your car is insured, MOT’d and if you have a valid licence. Driving whilst you do not have a full driving licence is a serious motoring offence and can lead to serious punishments and fines. This is also moderated by the DVLA who will put you on their records of not having a full driving licence.

Penalties;
The punishments you can face therefore are 3-6 penalty points on your licence, fines of up to £5000, face a ban of acquiring a driving licence for a period of time and paying for any damages you may have caused.

Defences;
A ‘special reason’ is something that does not amount to a defence, but is connected with the offence. It must be a mitigating circumstance and something which the court should properly take into account. These cases often raise complex issues and it is important to seek legal advice at the earliest opportunity if you think your case may amount to a ‘special reasons’ situation.

If you have been accused of driving without a licence, you should get expert legal advice as soon as possible. We can offer you advice on your specific circumstances and other options which may be available to you. Contact us on 03300 536 786 to speak to a motoring expert.
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To prove this offence the prosecution must show that the standard of your driving fell far below that which could be expected of a reasonably competent driver and that it would be obvious to the competent driver, that driving in such a manner was dangerous. If the prosecution can prove this, then you can be convicted of dangerous driving.

Dangerous driving takes many forms such as aggressive driving, racing, undertaking and tailgating, driving while very tired and driving a vehicle with serious defects.

Penalties;
This is an either way offence and depending on its seriousness it can be heard either at the Magistrates Court or Crown Court.

Magistrates Court – If you are sentenced in the Magistrates Court, you could receive a prison sentence up to 6 months and a fine up £5,000.

Crown Court – The Crown Court has a wider sentencing power which means that they can impose a prison sentence up to 2 years and a fine up £5,000

There is a mandatory disqualification for a minimum period of 12 months upon conviction and you will be ordered to sit the extended re-take test before you can apply for your licence to be re-instated.

Defences;
  • You may dispute that your driving was below the standard of the careful and competent motorist. Even if successful, this defence may not prevent a conviction for the lesser offence of driving without due care and attention, which is an alternative verdict to dangerous driving
  • You may argue that there was pressure upon you that forced you to drive dangerously, usually fleeing from the threat of violence or an actual assault
  • You may argue that a previously undiscovered mechanical fault caused you to lose control of your vehicle
  • You were taking part in an authorised motoring event.

If you have been accused of dangerous driving, you should get expert legal advice as soon as possible. We can offer you advice on your specific circumstances and other options which may be available to you. Contact us on 03300 536 786 to speak to a motoring expert.
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If your driving causes the death of another, then the offence of causing death by dangerous driving has been committed.

Penalties:
The maximum sentence for death by dangerous, careless driving was increased in 2003 from 10 to 14 years. A driving ban of two years is also mandatory, with a mandatory retake of the driving test to regain the licence.

Defences;
It may be possible to argue on behalf of the defendant that the manner of driving was ‘careless’ rather than dangerous. This does not amount to a defence but will act as a mitigating factor, provided that the defendant was not under the influence of drugs or alcohol. Causing death by careless driving comes with a lower penalty.
If you have been arrested for causing death by dangerous / careless driving, you should get expert legal advice as soon as possible. We can offer you advice on your specific circumstances and other options which may be available to you. Contact us on 03300 536 786 to speak to a motoring expert.
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If you own or use a vehicle, it is compulsory that the vehicle is insured and that you have the correct valid insurance in place. The insurance is there to protect against third party risks. This includes any vehicle which is used on the roads or any other public place. This also applies to vehicles which are parked and not driven.

This is a strict liability offence; not knowing that you are driving without insurance will not usually provide you with a defence.

Penalties;
If the allegation is accepted and you plead guilty via post you may be offered a fixed penalty, 6 penalty points and approximately £200 fine.

If the case progresses to court you face between 6 and 8 penalty points and an unlimited fine.

Defences;
If, during the course of your employment you are found to be driving without insurance and you were driving the vehicle believing it to be insured, you will have a defence to the charge.

Alternatively, a ‘special reasons’ argument can be presented to the court on your behalf. This is not a defence. It must be a mitigating circumstance which the court will be asked to take into account, e.g, if your insurance company cancelled your insurance without your knowledge.

If you have been accused of driving without insurance, you should get expert legal advice as soon as possible. We can offer you advice on your specific circumstances and other options which may be available to you. Contact us on 03300 536 786 to speak to a motoring expert.
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Every car in the UK which is over 3 years old must undergo an annual MOT to ensure that it adheres to the minimum road safety and environmental standards. It is therefore illegal to operate a vehicle that has not had its MOT.

Penalties;
You will receive a fixed £60 penalty notice, 6-8 penalty points endorsed onto your licence, your vehicle may be impounded and an additional fine up to £1000.

Defences;
If you are on your way to the garage to MOT your vehicle and are stopped by the police, you can show your appointment card. This is the only exception.
If you have been accused of driving without a valid MOT, you should get expert legal advice as soon as possible. We can offer you advice on your specific circumstances and other options which may be available to you. Contact us on 03300 536 786 to speak to a motoring expert.
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If you are involved in a road traffic collision, you must stop at the scene of the accident and exchange your personal details with the other party involved. This is a legal requirement. Failure to do this, you will commit the offence of failing to stop or report an accident. An accident should be reported to the police within 24 hours so that it could be documented.

Penalties;
As well as a financial penalty, your driving licence will be endorsed with between 5 – 10 penalty points. New drivers may have their licence revoked if 6 or more penalty points have been accumulated within the first two years of driving.

Defences;
Possible defences include if you can satisfy the court that you were unaware that an accident had occurred. If you stopped after the accident and waited a reasonable time this is also a defence. If you have been accused of failing to stop / provide, you should get expert legal advice as soon as possible. We can offer you advice on your specific circumstances and other options which may be available to you. Contact us on 03300 536 786 to speak to a motoring expert.
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An individual is charged with the offence of failing to produce documents when he/she is stopped by the police. A Police Officer may demand production of driving documents at the roadside, which can include, your driving license and counterpart, certificate of insurance, vehicle registration document and MOT certificate, under the Road Traffic Act 1988. If you do not have the documentation with you the Officer may issue you with a form HO/RT1 which will enable you to produce them within 7 days at a police station of your choice.

If you fail to produce documents, you could be charged with the offence of failing to produce the documents and if there is no evidence that you have insurance or possess a driving license you will also be charged with the relevant substantive offence.

Penalties;
Failure to comply can result in you being charged and subjected to a maximum fine of £1,000, 6 penalty points endorsed on your driving licence. If you are a new driver, you may get your licence revoked if awarded all 6 penalty points, or if you already have points on your licence. You would need to retake you driving test to get your licence back

If you have been asked to produce documents, you should get expert legal advice as soon as possible. We can offer you advice on your specific circumstances and other options which may be available to you. Contact us on 03300 536 786 to speak to a motoring expert.
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A Notice of Intended Prosecution [NIP], also known as 172 notice, will be issued if you have committed a motoring offence and were not given a verbal warning at the scene. The police have 14 days to inform you of this and to issue you with this notice. If you receive this notice after the 14 days, the offence is usually void. This gives the owner of the vehicle up to 28 days to provide the details of the driver who committed the offence.

Penalties;
You could face 6 penalty points in addition to any financial penalty up to £1000.

Defences;
There are a number of possible defences you can use if you are faced with this particular motoring offence if you can show that you do not know who the driver is, you cannot identify who the driver is, even though you have taken all reasonable steps and provide the information you have as soon as you possibly can

If you have been sent a s172 notice of intended prosecution, you should get expert legal advice as soon as possible. We can offer you advice on your specific circumstances and other options which may be available to you. Contact us on 03300 536 786 to speak to a motoring expert.
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If you have been caught driving anything over 10% of the speed limit you may be charged with a speeding offence. If it is your first speeding offence, you may get the option of a speed awareness course. In order to be considered for a speed awareness course your speed should be less than 10% above the speed limit. If you are caught speeding on the motorway, you do not have the option of taking a speed awareness course.

Penalties;
The minimum penalty for speeding in the UK is a £100 FINE and 3 penalty points endorsed on your driving licence. Endorsements stay on your licence for at least 4 years after that date of the conviction. Your licence will be revoked if you accumulate more than 12 penalty points.

If you have passed your driving test within two years, you will have your driving licence revoked if more than 6 points have been accumulated.

Defences;
If you accept that you were above the speed limit, you can either accept the allegation in full or alternatively, you can argue the exact speed alleged. Both options will result in a guilty plea, the latter is known as a Newton Hearing, allows you to dispute the exact speed with a view to obtaining a reduced punishment.

Alternatively, you can contest the speed itself or deny the allegation in its entirety. If you choose to do this court proceedings will commence and you will have to attend at a full hearing.

If you have been issued with a speeding notice, you should get expert legal advice as soon as possible. We can offer you advice on your specific circumstances and other options which may be available to you. Contact us on 03300 536 786 to speak to a motoring expert.
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If you have accumulated 12 or more points on your driving licence irrespective of the offences in the last three years, you will face a mandatory minimum 6 month driving ban. This process is known as ‘totting up’.

You will be summoned to court where a decision will be made in respect of the length of ban to impose on you. This is where the nature of your offences will be taken into account. It is essential to have legal representation as it may save your licence and you may avoid a driving ban completely.

Penalties;
If you have not previously been disqualified, then you will be subjected to a driving disqualification for a period of 6 months. If you have had a disqualification of at least 56 days in the last 3 years, then you will be subject of a 1 year disqualification. If you have had more than one disqualification on your record in the past 3 years, you will be disqualified from driving for a period of 2 years.

Defence;
If you instruct Tyler Hoffman Solicitors to argue exceptional hardship you could have your disqualification from driving shortened or even avoid disqualification. We have the skills and knowledge to help save your licence You should get expert legal advice as soon as possible. We can offer you advice on your specific circumstances and other options which may be available to you. Contact us on 03300 536 786 to speak to a motoring expert.
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Using any hand-held device such as, personal computers, sat navs or device that can perform any interactive communication functions such as making or receiving calls, emails, or texts is considered breaking the law. This includes mobile phones.

Penalties;
If you are caught driving while using a mobile device, you will be subjected to one of the following punishments;
You will receive a Fixed Penalty Notice and 3 penalty points which will be endorsed onto your driving licence.

Defences;
There may be various reasons why you resorted to using your mobile phone. These can be; to call the police in relation to a genuine emergency, that you dispute being the driver, that you were not actually using your mobile device or that you were in fact using a hands-free device.

If you are facing an allegation of this sort, we have the skills and knowledge to help you. Get expert legal advice as soon as possible. We can offer you advice on your specific circumstances and other options which may be available to you. Contact us on 03300 536 786 to speak to a motoring expert.
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